I'S-i^t^'      t       '^'' 


J-n  STORY 


S 


UNIVERSITY  OF  CALIFORNIA 
AT  LOS  ANGELES 


IJr^l V f. K .- n  ^i    ol  c. .-\ i.At UKWiA 


.v  . 


Lu^  ANGELES 
LIBRARY 


HISTORY  OF  KENTUCKY 


BY 


ELIZABETH    SHELBY    KINKEAD 


oi*ic 


NEW  YORK  •:•  CINCINNATI  •:•  CHICAGO 

AMERICAN    BOOK    COMPANY 


Coi'VRIGHT,    1S96,    BV 

AMERICAN   BOOK  COMPANY 

HISTORY    OF    KENTUCKY 

E-P  1 


TO    THK    MEMORY    OK    MV     FATHER 

William  55ur^  iiinfecaD 

FROM    WHOM    WAS    DERIVED 

WHATEVER   TRUTHFUL   UNDERSTANDING   OF  THE   KENTUCKY  PEOPLE 

THIS    LITTLE   BOOK   CONTAINS 


PREFACE 


In  the  preparation  of  this  book,  an  attempt  has  been 
made  to  relate  the  events  of  practical,  everyday  life,  in 
such  a  manner  as  to  make  the  study  of  the  history  of  our 
State  a  pleasure  to  the  pupil.  While  adhering  to  facts 
as  closely  as  they  could  be  ascertained,  the  aim  has  been 
that  the  whole  shall  entertain  as  a  connected  story. 
Special  effort  has  been  made  to  portray  the  spirit  of  the 
Kentuckians,  in  order  that  the  student  may  understand 
and  revere  the  people  from  whom  he  is  sprung.  To 
this  end,  more  space  has  been  given  to  their  character- 
istics as  indicated  by  tales  of  particular  acts,  than  to  the 
statistics  of  battles  in  which  they  have  taken  part. 

As  this  is  a  narration  of  the  life  of  a  State,  and  as  the 
connection  of  one  incident  with  another  is  of  more  im- 
portance in  a  work  of  this  kind  than  the  grouping  of 
kindred  topics,  the  chronological  order  of  development 
has  been  followed. 

The  subject  naturally  divides  itself  into  five  clearly 
marked  periods.  And  these  lend  themselves  readily 
to  important  subdivisions.  That  portion  of  the  history 
which  extends  to  the  close  of  the  War  of  1812  belongs 
to  the  poetic  stage  in  the  State's  life;  and  that  which 
follows,  to  the  prose  stage.  It  has  been  necessary  in 
developing  the  later  prose   periods    to    depart    somewhat 

5 


5  PREFACE 

from  the  simple  method  followed  when  setting  forth 
the  early  poetic  periods.  But  this  seems  rather  an  ad- 
vantage; for  if  the  interest  of  the  pupil  is  awakened 
at  the  outset,  he  will  be  eager  to  follow  the  fortunes 
of  his  State  to  the  end,  and  will,  it  is  hoped,  patiently 
study  the  more  prosaic  episodes,  in  order  to  get  a  thor- 
ough grasp  of  the  whole. 

It  has  been  my  earnest  desire  that  the  work  should 
be  historically  sincere.  The  difficult  aim  has  been  con- 
stantly before  my  mind  to  make  it  impartial  in  all  in- 
stances, and  at  the  same  time  forceful  and  inspiriting. 
A  Kentuckian,  from  my  infancy  I  have  been  imbued 
with  a  knowledge  and  love  of  the  State.  And  yet, 
having  grown  up  in  the  New  Kentucky,  in  her  days 
of  quietude,  I  have  been  enabled  to  approach  the  con- 
sideration of  her  significant  periods  with  little  individual 
prejudice.  I  have  made  a  laborious  and  careful  study 
of  all  available  material,  and  I  have  tried  to  let  the  actions 
of  the  people,  as  they  have  been  unfolded  to  me,  speak 
for  themselves,  and  reveal  the  Kentuckians.  It  is  my 
hope  that  what  I  have  written  will  find  favor  with  my 
own  people.  E.   S.   K. 


CONTENTS 


\—PJOiVEER  DAYS 

1669-1782 

I.  First  White  Men  in  Kentucky  . 

II.  Early  Settlements  in  Kentucky 

III.  Thk  County  oe  Kentucky    . 

IV.  Division  of  the  County 


PAGE 

9 
19 
29 
40 


W-THE  STRUGGLE  EOR  INDEPENDENCE 

1782-1792 

V.   The  District  of  Kentucky  .... 

VI.    Beginning  of  the  Struggle         .... 

VII.   The  Spanish  Conspiracy 

VIII.   The  End  of  the  Struggle  ..... 


50 
59 
69 


\\\  —  FOUNDING  OF  THE  COMMONWEALTH 

1 792-1850 

IX.   Organization  of  the  Government 
X.   Political  Situation  in  Kentucky 

XI.   The  War  of  1812 

XII.   Local  Affairs 

XIII.    Civil  Affairs  and  the  Mexican  War 

7 


93 
105 
1x6 
127 
141 


CONTENTS 


IV  —  THE  CIVIL   WAR 

1850-1865 

XIV'.  The  Situation  in  Kentucky 

XV.  Kentucky's  Position  of  Neutrality 

XVI.  The  Invasion  of  Kentucky 

XVII.  The  Second  Invasion  of  Kentucky 

XVIII.  Civil  Conflicts 


PAGE 
161 

186 
196 


V—  THE  NEW  KENTUCKY 

I 865-1 896 

XIX.   The  Restoration  of  Peace 
XX.   The  Era  of  Transition 


205 
213 


Constitution  of  Kentucky 
Index  .... 


227 
273 


I  — PIONEER   DAYS,    1669-1782 

CHAPTER   I 

FIRST   WHITE   MEN   IN   KENTUCKY,    1669-1775 

The  history  of  Kentucky  is  at  once  unique  and  attract- 
ive. It  begins  like  a  romance,  thrilling  in  tales  of  heroic 
deeds    and    exciting    adventures.        From    the  ,,   ,    ,    , 

'^  Kentucky's 

earliest  settlement  of  the  State,  all  through  the  honored 
crises  in  its  own  life  and  the  life  of  the  nation, 

r 

Kentucky  has  held  an  honored  position,  and  has  produced 
men  of  great  and  noble  character.  None  but  the  brave 
dared  or  desired  to  risk  the  perils  of  these  untried  forests ; 
therefore,  Kentucky  was  founded  by  men  of  forceful 
qualities,  remarkable  as  well  for  strength  of  mind  as  for 
endurance  of  body.  The  tide  of  immigration  has  passed, 
for  the  most  part,  to  the  north  and  to  the  south  of  Ken- 
tucky ;  hence  its  present  population  consists  almost  exclu- 
sively of  the  descendants  of  the  early  settlers.  The  men 
who  are  prominent  to-day  are,  in  the  main,  sons  of  fathers 
whose  fathers  helped  to  establish  the  Commonwealth. 

Long  ages  before  Kentucky  was  discovered,  there  dwelt 
in  the  land  a  race  of  beings  called   Mound  Builders,  on 
account   of    the   mounds    or   monuments  they  The  Mound 
erected.      Many  of  these  mounds  have  been  Guilders 
opened,  and  have  been  found  to  contain  bones  of  human 

9 


lO 


PIONEER    DAYS 


beings  and  of  the  mastodon  (a  gigantic  animal  now  extinct), 
as  well  as  implements  of  stone,  flint  arrowheads,  and  pieces 
of  pottery.     Until  recently,  historians  believed  that  these 


Relics  from  Mounds 


remains  indicated  a  people  different  from,  and  more  civil- 
ized than,  the  Indians;  but  modern  scientists  have  con- 
cluded that  the  Mound  Builders  were  simply  the  ancestors 
of  the  present  Indians. 

At   the   time   when   Kentucky   was   visited   by   the   first 

pioneers,  it  was  not  the  home  of  Indians,  as  were  many  of 

the  other   parts   of   America ;   but   it  was   the 

Kentucky  as  ^  i         i     -    i  i       r         •    i  i        • 

seen  by  hunting  ground  and  battlefield  of  neighbormg 

pioneers  tribes  from  the  north,  the  west,  and  the  south. 

The  beautiful  and  luxuriant  for-      .■.'^^■^? 
ests    \\L.ie     filLd    with    elk    and 


V 


V 


)v 


buffalo  and  \ai  il- 

tics    of    game    that 

ha\e  long  been  extinct.  ,  ^     ,         „  ^ 

Beats    and   wolves,  pan-     ^^^i^lj^^^ij^ 

thers,  tigers,  and  wild  cats 

abounded  in  the  dense  undergrowth. 


M , 


uff 


Wild  Animals  of  Kentucky 


FIRST   WHITE   MEN   IN   KENTUCKY 


II 


Indian  valua 
tion  of  the 
land 


Seven  rivers  drain  the  land,  —  the  Big  Sandy,  the  Lick- 
ing, the  Kentucky,  the  Salt,  the  Green,  the  Cumberland, 
and  the  Tennessee.  Following  a  northwestward  course 
through  the  east,  the  middle,  and  the  west  of  the  State, 
these  all  flow  into  the  Ohio,  and  thence  into  the  waters 
of  the  mighty  Mississippi. 

The  Indians  were  by  no  means  ignorant  of  the  value  of 
this  land.  They  were  prepared  to  resist  its  jjermanent 
settlement 
to  their  ut- 
most ability, 
so  that  the  pioneers,  or 
first  white  men  who 
came  to  Kentucky,  had 
to  contend  not  only 
with  the  wild  beasts  of 
the  forest  but  with  the 
equally  savage  Indian 
warriors.  From  the 
fierce  encounter  of 
Indians  with  Indians, 
and  Indians  with  pio- 
neers, it  came  about  that 
the  State  was  called 
"  The  Dark  and  Bloody 
Ground." 

That  courage  which  was  a  necessity  to  our  forefathers 
is  still  a  marked  characteristic  of   the  sons  of   Kentucky. 
The  pioneers  were  men  sent  forth  by  the  wis-  courage  of 
dom  of  God  to  found  a  new  Commonwealth.    Kentuckians 
They  went  in  peace,  but  with  their  rifles  cocked  to  defend 
their  lives  from  the  Indians. 

In  the  early  days  of  American  discovery,  some  people 


Indian  Warriors 


12 


PIONEER   DAYS 


La  Salle 


believed  that  there  was  a  great  river  in  America  leading 
across  the   continent    to    China.      The   distin- 

First  white 

guished  Frenchman,  La  Salle,  while  in  search  meninKen- 
of  this  river,  iri  the  year   1669  or  1670,  passed    "    ^ 

through  a  portion  of  Kentucky  from 
the  Big  Sandy  to  the  rapids  of  the 
Ohio.  As  early  as  1750,  Dr. 
Thomas  Walker  of  Virginia  led  an 
exploring  party  into  Kentucky  by 
way  of  Powell's  Valley,  through  the 
mountains  in  the  eastern  part  of 
the  State,  and  built  a  log  cabin  on 
the  Cumberland  River.  But  the  land 
company  he  represented  was  not 
successful,  and  he  returned  home 
with  little  knowledge  of  the  coun- 
One  year  later,  Christopher  Gist,  an  agent  of  the 
Ohio  Land  Company,  beheld,  stretching  out  before  him, 
from  some  point  on  the  Kentucky  River,  the  impressive 
and  beautiful  land  of  Kentucky.  There  is  also  a  tradition 
that,  in  the  year  1754,  a  man  by  the  name  of  McBride  cut 
his  initials  on  a  tree  at  the  mouth  of  the  Kentucky  River. 

Faint  rumors  now  reached  Virginia  and  North  Carolina 
of  the  fertile  land  beyond  the  mountains,  and,  in  the  year 
Daniel  Boone  i/^Q,  John  Findlcy  piloted  Daniel  Boone  and 
in  Kentucky  f^^jj.  Q^^gj-  companions  into  the  country  which 
he  had  visited  two  years  before.  These  courageous  men 
were  not  driven  by  persecution,  nor  by  the  need  to  seek 
a  livelihood  for  themselves  and  their  families.  Each  one 
left  behind  him  a  "  peaceable  habitation,"  as  Boone  called 
his  quiet  home  on  the  Yadkin,  in  North  Carolina,  and 
started  forth  with  a  rifle  in  one  hand  and  a  hatchet  in  the 
other,  in  quest  of  adventure. 


try. 


FIRST   WHITE   MEN   IN   KENTUCKY 


13 


They  pitched  their  tent  on  the  banks  of  the  Red  River  (a 
,  branch  of  the  Kentucky),  and  remained  peace- 

Booneand  .  .,  ,  •      x^  1  n    ^ 

Stewart  in  the  fully  huntmg  until  late  m  December.     But  one 
^°°^^  day  Boone  and  John  Stewart,  when  alone  in 

the  woods,  were  captured  by  Indians.  After  seven  days 
they  succeeded  in 
making  their  es- 
cape, and  returned 
to  their  camp,  to 
find  it  deserted,  no 
trace  being  left  of 
their  former  com- 
panions. Boone  and 
Stewart  were  soon 
joined  by  Squire 
Boone,  a  younger 
brother  of  Daniel's; 
but  shortly  after  this, 
Stewart  was  killed 
by  Indians.  The 
two  brothers,  find- 
ing that  they  did 
not  have  enough 
ammunition,  decided  that  the  younger  should  go  back  to 
North  Carolina  to  supply  their  need.  Daniel  was  now 
left  alone  in  the  vast  forests. 

In  July,  1770,  Squire  Boone  arrived  with  the  ammuni- 
tion. The  two  brothers  remained  until  March  of  the 
following  year,  and  then  returned  to  North  ,j,jjg  Long 
.  Carolina.  Five  other  adventurers  had  joined  Hunters 
them  in  their  camp  on  the  Red  River.  In  the  year  1 769, 
a  party  of  about  forty  men  from  Virginia  and  North  Caro- 
lina  went   out   on    a    hunting    expedition.     Nine    of   this 


Daniel  Boone 


14  PIONEER   DAYS 

company,  led  by  Colonel  James  Knox,  reached  Kentucky 
the  following  year,  and  explored  the  country  about  the 
Cumberland  and  Green  rivers.  They  did  not  come  in 
contact  with  Boone's  party.  From  the  length  of  time  all 
these  adventurers  were  absent  from  home,  they  were 
called  "The  Long  Hunters." 

Up  to  the  year  1763,  France  had  claimed  the  country 
on  the  east  of  the  Mississippi  which  included  Kentucky. 
Conflicting  After  the  French  and  Indian  War,  Great 
claims  Britain  gained  the  right  to  this  region.      But 

because  of  prior  possession,  various  tribes  of  Indians  laid 
claim  to  the  country.  In  the  year  1768,  the  English  gov- 
ernment purchased  from  the  tribes  of  Indians  called  the 
Six  Nations  the  title  to  all  the  lands  lying  between  the 
Ohio  and  Tennessee  rivers.  This  treaty  was  held  at  Fort 
Stanwix,  now  Rome,  in  New  York. 

Bounty  lands  on  the  Ohio  River  were  then  granted  to 
many  of  the  officers  and  soldiers  of  the  Virginia  troops. 
Surveyors  sent  ^^'^  surveyors  were  sent  to  mark  them  out. 
to  Kentucky  Thus  wcrc  brought  to  Kentucky  many  of  the 
clever  and  gallant  young  men  of  Virginia  whose  names, 
or  those  of  their  descendants,  afterwards  became  asso- 
ciated with  the  hi.story  of  the  State. 

Two  interesting  characters  of  this  period  were  Han- 
cock Taylor  and  John  Floyd.     They  were  deputies  under 

Colonel   William    Preston,    surveyor    of    Fin- 
Hancock  Tay-  _  -' 

lor  and  castlc   County,   Virginia,   of    which    Kentucky 

°^  was    a   part  until    1776.     These    men    started 

forth  in  the  high  hopes  of  their  young  manhood,  to  survey 
the  far-famed  lands  of  Kentucky.  Honor  and  wealth  lay 
before  them,  and  all  the  exciting  pleasures  of  a  perilous 
undertaking.  The  one  was  shot  down  by  Indians  a  few 
months  after  his   arrival ;    the   other  lived   nine  years  — 


FIRST   WHITE   MEN   IN    KENTUCKY 


15 


long  enough  to  establish  his  family  in  Kentucky,  and  to 
aid  in  founding  the  new  country — and  then  he  fell  a 
victim  to  the  same  death. 

There  were  other  surveyors  in  the  early  days  of  Ken- 
tucky to  whom  a  romantic  interest  attaches.  Captain 
Thomas  Bullitt,  of  Virginia,  at  the  head  of  a 
party,  in  1773,  made  surveys  of  land  for  Dr. 
John  Connolly,  at  the  falls  of  the  Ohio,  where  the  city  of 
Louisville  now   stands.     Close   upon   his   explorations  fol- 


Other surveyors 


Earlv  K—n4(i.:k^  Settlers 

lowed  those  of  James  Douglas,  who  visited  Big  Bone  Lick, 
where  he  found  scattered  on  the  ground  the  bones  of  the 
mastodon,  whose  huge  ribs  he  used  for  his  tent  poles.  The 
scholarly  John  Todd,  later  to  be  noticed,  and  his  brother 
Levi,  came  to  Kentucky  in  the  same  capacity,  as  did  also 
two  representatives  of  the  Lee  family  of  Virginia. 

The  same  year,  there  came  into  Kentucky  a  party  of 
hunters  and  surveyors  from  Virginia,  led  by  three  brothers, 
James,  George,  and  Robert  McAfee,  who  later  on  became 


1 6  PIONEER   DAYS 

prominent  in  the  new  country.     This  visit  was  for  investiga- 
tion, and  after  selecting  lands  on  the  Salt  River,  in  Mercer 
County,  they  made  their  way  homeward,  well- 

TI16  McAfees 

Boone,  and  '  nigh  exhausted  by  the  trials  of  the  journey, 
others  j^    Powell's  Valley  they   met    a   large    party 

which  Daniel  Boone  was  guiding  into  Kentucky.  The  life 
in  the  wilderness  was  so  delightful  to  Boone  that  he  deter- 
mined to  make  his  home  there.  On  the  25th  of  Septem- 
ber, 1773,  he  set  out  with  his  wife  and  children,  and  was 
joined  by  five  other  families  and  forty  men  besides.  Their 
progress  was  interrupted,  however,  on  the  very  thresh- 
old of  Kentucky  soil  by  an  Indian  attack,  and  six  of  the 
company  were  killed,  Boone's  son  being  one  of  the  num- 
ber. This  so  disheartened  the  pioneers  that  they  turned 
back  toward  their  old  homes. 

The  same  year,  Simon  Kenton  roamed  through  Ken- 
tucky. The  following  year,  James  Harrod  and  forty  men 
Indian  hostiii-  built  themselvcs  cabins  and  laid  off  the  town 
^*^^  of    Harrodsburg,   which,   however,   they  were 

soon  obliged  to  abandon.  Shortly  afterward,  Governor 
Dunmore  of  Virginia  sent  Daniel  Boone  and  Michael 
Stoner  to  guide  out  of  the  wilderness  the  surveyors  who 
were  in  Kentucky.  The  Shawnee  Indians  had  become  so 
hostile  to  the  settlement  of  Kentucky  that  it  was  danger- 
ous for  any  white  man  to  remain  there.  They  were  now 
gathering  under  their  great  chief.  Cornstalk,  for  the  blood- 
iest conflict  that  ever  occurred  between  the  whites  and 
the  Indians. 

The  battle  of  Point  Pleasant  took  place  the  loth  of 
«  **,    .  T,  ■  ■>■   October,  1 774,  near  the  mouth  of  the  Kanawha 

Battle  of  Point  '     '  '  ^' 

Pleasant  River.       The     white     forces    were     collected 

by  General  Andrew  Lewis,  but  the  latter  took  no  per- 
sonal part  in  the  fight,  being  occupied  with  superintending 


FIRST   WHITE   MEN   IN   KENTUCKY  17 

the  erection  of  certain  breastworks,  necessary  for  the  en- 
counter. The  forces  consisted  mainly  of  sturdy  Scotch- 
Irish  from  Virginia,  under  the  command  of  Colonels 
Charles  Lewis,  William  Fleming,  and  John  Field.  They 
were  joined  by  two  companies  of  brave  men  from  beyond 
the  Cumberland  Mountains,  who  were  eager  to  avenge  the 
injuries  they  had  suffered  from  the  Indians ;  one  of  these 
companies  was  under  the  command  of  Captain  Russell, 
and  the  other  under  Captain  Evan  Shelby,  who,  with  his 
fifty  volunteers  from  the  Watauga  settlement,  in  North 
Carolina,  hurried  forward  to  the  encounter.  The  attack  was 
opened  upon  the  division  of  Colonel  Charles  Lewis,  but 
he  was  soon  mortally  wounded.  In  quick  succession,  the 
two  remaining  colonels,  William  Fleming  and  John  Field, 
were  cut  down,  the  one  being  wounded,  the  other  slain. 
The  command  then  fell  to  Captain  Shelby. 

From  sunrise  the  battle  raged  fiercely.  Victory  wavered 
between  the  two  sides.  Many  had  already  fallen,  when, 
toward  noon,  Cornstalk  determined  to  outflank  Result  of  the 
the  whites  and,  by  a  bold  movement,  to  end  ''^"^^ 
the  conflict.  But  just  at  this  time,  Isaac  Shelby,  then  a 
young  lieutenant  left  in  charge  of  his  father's  company, 
determined  also  to  make  a  flank  movement  against  the 
Indians.  He  took  with  him  two  other  companies,  com- 
manded by  James  Stewart  and  George  Matthews.  They 
crept  through  the  underbrush,  along  the  banks  of  the 
Kanawha,  and  surprised  the  enemy  in  the  rear.  The 
Indians  became  alarmed  and  began  to  retreat.  The  fight- 
ing, however,  did  not  cease  until  near  sunset.  The  victory 
thus  gained  by  the  whites  was  of  the  utmost  importance 
in  the  settlement  of  Kentucky.  Shortly  afterward,  the 
Shawnees  entered  into  a  treaty  with  Governor  Dunmore, 
of  Virginia.     They  gave  up  all    their  title    to   the    lands 

KENT.   HIST.  —  2 


PIONEER   DAYS 


south  of  the  Ohio  River,  and  promised  not  to  molest  the 
white  men  further.  Peace  now  reigned  for  a  time,  and 
the  pioneers  were  enabled  to  make  their  homes  in  Ken- 
tucky. 

RECAPITULATION 


Kentucky's  romantic  history. 

Interesting  relics  found  in  ancient 
mounds. 

Mound  Builders  the  ancestors  of 
Indians. 

No  Indian  homes  found  in  the  region. 

The  region  the  Indian  hunting 
ground. 

A  valuable  region. 

Indians  determined  to  resist  its  set- 
tlement. 

The  courage  of  the  pioneers. 

La  Salle  in  Kentucky  in  1669  or  '70. 

Walker,  Gist,  and  McBride  come  be- 
fore 1754. 

Findley  guides  a  party  in  1 769. 

Boone  and  Stewart  captured. 

They  escape,  to  find  their  camp  de- 
serted. 

They  are  joined  by  Squire  Boone. 

Stewart  is  killed  by  Indians. 

Squire  Boone  goes  home  and  returns. 


The  brothers  leave  in  1 771. 

The  Long  Hunters. 

Great  Britain  gains  the  region  in  1763. 

Also,  she  buys  it  from  the  Six  Nations. 

Floyd,   Taylor,   and    other    surveyors 

sent  to  Kentucky. 
The  McAfee  brothers. 
Boone's  party  attacked  by  Indians. 
Simon  Kenton  visits  Kentucky. 
James  Harrod  lays  off  Harrodsburg. 
Indian  hostilities  force  the  surveyors 

to  leave. 
Indians    gather    under    their     great 

chief.  Cornstalk. 
The  battle  of  Point  Pleasant. 
Colonels   Lewis,  Field,  and  Fleming 

killed  or  wounded. 
Captain  Evan  Shelby  commands. 
Flank  movement  against  the  Indians. 
The  whites  gain  a  significant  victory. 
Dunmore's  treaty  secures  peace  for  a 

time. 


CHAPTER  II 

EARLY   SETTLEMENTS    IN    KENTUCKY,    1 775-1 776 

In  the  year  1775,  permanent  homes  were  made  in  Ken- 
tucky. James  Harrod  and  his  company  came  back  to 
their  cabins,  which  they  had  been  forced  to  Permanent 
leave  by  Indian  hostilities,  and  the  McAfees  stations 
returned  to  their  settlement  on  the  Salt  River.  Not  far 
from  Harrodsburg,  Benjamin  Logan,  with  a  few  slaves, 
erected  a  station,  to  which  he  brought  his  family  during 
the  following  year.  A  most  important  aid  to  the  settle- 
ment of  the  country  was  the  road  Daniel  Boone  cut  from 
Cumberland  Gap  to  the  fort  m  Madison  County  which 
bore  his  name. 

Far  and  wide  was  spread  Boone's  glowing  account  of 
the  unknown  region  ;  and  though  he  did  not  succeed  in 
firing  very   many  with  a  desire  to  brave  the   „ 

^  -'  '^    _  Boone's 

perils    of    its    untried  forests,   the   news    soon  account  of  the 
reached  some  of  the    influential  and  wealthy 
men  of  North  Carolina,  who  quickly  foresaw  the  vast  riches 
and  power  which  might  be  theirs  if  they  could  gain  pos- 
session of  it. 

We  have  already  seen  that  the   Six   Nations   had   sold 
to  the   English   their   title    to    that  vast  area  of    country 
which  included  the  present  State  of  Kentucky,   gaie  of  Indian 
and  that  after  the  battle  of  Point  Pleasant,  the  *^^^^^ 
Shawnee  Indians,  also,  had  renounced  their  right  to  the 
region.     But  such  was  the  lawless  and  unstable  condition 

19 


20  PIONEER    DAYS 

of  Indian  possessions  that  the  ownership  seemed  to  rest 
with  that  nation  which  had  gained  the  latest  victory  in 
the  tribal  wars.  Thus  the  Cherokees,  likewise,  asserted 
a  claim  to  the  land. 

Captain  Nathaniel  Hart,  of  North  Carolina,  formed  a 
company,  known  as  Henderson  and  Company  (consisting 
Henderson  and  of  himsclf,  his  two  brothers,  and  six  others),  to 
Company  purchase    this    Cherokee   title.       They   chose 

Colonel  Richard  Henderson  as  their  legal  head.  Across 
the  country,  a  distance  of  about  three  hundred  miles,  Hart 
and  Henderson  went  to  hold  a  conference  with  the  Indians 
at  their  villages  beyond  the  Alleghany  Mountains.  The 
Indians  promised  to  consider  the  matter,  and  sent  a  com- 
mittee to  examine  the  goods  to  be  given  in  exchange  for 
the  land.  These  proved  satisfactory,  and  a  place  of  treaty 
was  determined  upon.  On  the  17th  of  March,  1775, 
twelve  hundred  savage  warriors  assembled  at  the  Sycamore 
Shoals  of  the  Watauga  River.  The  nine  members  of  the 
company  were  there,  and  all  the  men,  women,  and  children 
of  the  settlement  gathered  to  hear  the  decision  of  the 
council.  When  the  Indian  chiefs  finally  decided,  after 
much  speech-making  on  both  sides,  to  sell  to  the  whites 
their  "hunting  ground," —  about  seventeen  million  acres 
of  land,  —  for  the  consideration  of  ten  thousand  pounds 
sterling,  there  was  great  rejoicing. 

The  land  bought  by  the  company  lay  on  the  other  side 
of  the  mountains;  and  though  it  was  covered  with  wide- 
spreading  forest  trees,  they  gave  it  the  pic- 

The  colony  of  ^  '^  .  . 

Transylvania     turcsquc  and  not  inappropriate  name  of  Tran- 

in  America  ,  .         ,  r    .7  7         --ni  r 

sylvania,  beyond  the  woods.  1  he  purpose  of 
the  company  was  to  found  a  colony  of  which  they  should 
be  the  proprietors,  and  to  sell  lands  to  persons  desiring  to 
make  their  homes  in  the  region.     The  scheme  was  brilliant 


EARLY   SETTLEMENTS   IX   KENTUCKY  21 

and  gigantic ;  and  though  it  was  soon  abandoned,  it  had  a 
most  important  influence  on  the  future  of  the  State.  The 
proprietors  were  all  educated  men,  who  attracted  to  the 
country  other  men  of  ability. 

Daniel  Boone  was  sent  ahead  to  open  a  road  for  the 
.proprietors.  The  trace  then  cut  was  later  widened  into 
the  famous  Wilderness  Road,^  one  of  the  two 

,1-1  r    n     ^  Boonc's  road 

ways  (the  other  bemg  by  means  of  liatboats 
down  the  Ohio)  by  which  there  entered  Kentucky  the 
brave  men  and  women  who  laid  the  foundations  of  the 
State.  Colonel  Boone's  company  consisted  of  about 
twenty-two  men,  and  they  were  joined  by  a  party  of 
eight,  under  the  leadership  of  Captain  William  Twetty. 
Their  task  was  not  so  difficult  as  it  was  perilous,  and  just 
before  it  was  completed  their  courage  was  put  to  the  test. 
One  morning,  while  they  still  lay  asleep  in  camp,  they 
were  attacked  by  Indians.  Two  of  their  number  were 
killed,  and  one  was  wounded  so  seriously  that  he  could 
not  be  moved  immediately.  With  that  spirit  of  heroism 
inspired  by  the  times,  several  of  the  men  remained  with 
their  wounded  comrade  at  the  risk  of  their  lives,  while  the 
others  went  on  ahead  about  fifteen  miles,  to  select  a  site 
upon  which  to  erect  a  fort. 

When  the  proprietors  arrived,  they  found  three  stations 
besides  Boonesborough  already  settled  in  the  country. 
Thev  called  for  an  election  of  delegates  from 

-'  .  ^  The  Boones- 

these,  in  order  that  laws  might  be  made  for  borough 
the  government  of  the  colony.     Twelve  dele- 
gates were  duly  elected  and  sent  from  Harrodsburg,  Boil- 
ing Springs,  and  St.  Asaph's  or  Logan's  Station,  and  six 


1  T/ie  IVilderncss  Road.     By   Thomas   Speed.     Filson    Club    Publication 
No.  2. 


22 


PIONEER   DAYS 


were  elected  for  Boonesborough.  This  first  legislative 
assembly  held  west  of  the  Alleghanies  met  at  Boones- 
borough, May  23,  1775,  under  the  branches  of  a  mighty 
elm  which  could  comfortably  shelter  in  its  shadow  one 
hundred  people.  The  parliament  passed  nine  laws  to  the 
satisfaction  of  all  concerned,  and  adjourned  to  meet  the- 
following  autumn ;  but  it  never  again  assembled. 

The  independent  settlers  in  the  country  soon  became 
dissatisfied,  and  asked  Virginia  to  take  them  under  her 
protection.  Accordingly,  in  1778,  the  legislature  of  that 
State  annulled  the  purchase  of  the  Transylvania  propri- 
etors ;  but  in  order  to  compensate  them  for  their  loss,  she 
granted  them  200,000  acres  of  land,  and  gave  good  titles 
to  all  those  who  had  bought  lands  from  the  company. 

The  structure  Boone  and  his  men  erected  at  Boones- 
borough was  the  first  military  fortification  on  Kentucky 
TheBoones-  soil,  and  it  provcd  a  very  secure  stronghold 
borough  fort  against  the  unskilled  attacks  of  savages.  It 
was  laid  out  as  a  parallelogram,  inclosed  by  posts  sharp- 
ened at  the  end 
and  driven  firm-         '^li^i^^^-^'^/? 

ly     into      the 

ground.     At  the 

four    corners 

were        built 

strong  two-story 

log  cabins  with 

windows  which  looked   out 

on  the  open  space  01   couit 

of    the    inclosure        The     sides  '  ''^., 

which  faced  the  forest  had  no  _  ^  ,  ^'  '  ",        u 

Fort  at  Boonesborough 

windows,    but     only     loopholes 

through  which  the  pioneer«|j:^gEhjd    fire   at   their  enemies. 


EARLY   SETFLEMENTS   IN    KENTUCKY 


23 


Pioneer  women 


The  furnishings  of  the  cabins  were  very  rude,  —  a  bed 
in  one  corner  made  of  upright  forks  of  trees,  on  which 
rested  poles  whose  ends  were  thrust  into  holes   ^^  ^       ._ 

"  The  furnish- 

in  the  wall  of  the  building,  and  on  these  poles  ingsofthe 

,  r  1-1         cabins 

were  thrown  tor  mattress  and  covermg  the 
skins  of  wild  animals ;  a  rough-hewn  dining  table,  and 
a  few  three-legged  wooden  stools.  The  windows  were 
covered  with  paper  saturated  with  bear's  oil,  through 
which  the  light  penetrated,  and  an  air  of  cheerfulness  was 
gained  by  the  huge  fireplace  which  stretched  nearly  across 
one  side  of  the  room. 

Shortly  after  the  fort  was  completed,  in  September, 
1 775,  Daniel  Boone  brought  his  wife  and  daugh- 
ter to  Kentucky.  At  Harrodsburg,  also,  Hugh 
McGary,  Richard  Ho- 
gan,  and  Thomas  Dan- 
ton  settled  with  their 
families.  In  Novem- 
ber of  this  year,  John 
McClellan  brought  his 
family  into  Kentucky, 
and,  in  company  with 
Colonel  Robert  Patter- 
son, built  a  station  which 
was  named  McClellan's. 
Here,  fifteen  years  later, 
the  town  of  Georgetown 
was  incorporated.  With 
the  coming  of  the 
women,  home  life  began 
in  the  wilderness,  with 
all  of  its  hardships,  its 
perils,  and  its  inspiriting  ^  Backwoods  Gin 


24 


PIONEER    DAYS 


adventures.  The  women  stood  side  by  side  with  the  men, 
and  suffered  and  grew  strong,  labored  and  prospered,  with 
them.  To-day  we  look  back  to  their  lives  of  unselfish 
devotion,  and  are  thrilled  by  admiration  for  their  courage. 
There  are  no  wild  beasts  for  us  to  fight,  no  Indians,  no 
dangers  from  hunger  and  cold.  But  if  we  would  be 
true  children  of  brave  ancestors,  there  is  a  battle  to  enter 
far  harder  and  more  worthy  of  victory  than  any  they  were 
called  upon  to  wage  —  a  battle  for  the  honor  and  purity 
of  our  own  lives  and  of  the  State. 

Daniel  Boone  can  in  no  way  stand  as  a  type  of  the  early 
Kentuckians.     They  were  far  more  remarkable  and  clever 
men.     He    did    not   feel   himself    inspired  by  character  of 
any  high  motive,  though  he  was  always  kind  ^^^i^i^oo^e 

and  courageous.  He 
sought  the  unpeopled 
lands  of  Kentucky 
because  he  loved  the 
wild  life  of  the  woods. 
With  the  coming  of 
civilization,  he  de- 
parted. But  he  was 
an  instrument  in  the 
hands  of  God  to  open 
the  way  for  the  foun- 
dation of  a  great  State. 
By  the  side  of  Dan- 
iel Boone  there  towers 
another  picturesque 
figure,  Simon  Kenton, 
famous 

Simon  Kenton 

as  an  In- 
dian   scout,  and  the   hero  of  many  startling  adventures. 


Simon  Kenton 


EARLY    SETTLEMP:NTS    IX    KENTUCKY 


25 


His  manhood  began  with  a  tragedy.  He  loved  a  girl  who 
was  won  by  his  friend.  He  fought  a  duel  with  his  rival, 
and,  believing  that  he  had  killed  him,  fled  from  his  old 
home  in  Virginia,  and  under  another  name  tried  to  forget 
his  deed  in  the  wilderness  of  Kentucky.  But  he  could 
not  forget.       The  burden  of  that  thought  weighed  heavily 


Running  the  Gauntlet 


upon  his  naturally  kind  and  simple-hearted  nature.  Long 
years  afterward,  he  ventured  to  return  to  Virginia  to  visit 
his  family  and  to  bring  them  to  Kentucky.  To  his  over- 
whelming joy,  he  found  the  man  he  supposed  he  had 
killed,  alive  and  ready  to  be  his  friend. 

Once  he  was  captured  by  Indians.  Eight  times  he  was 
made  to  run  the  gauntlet ;  that  is,  to  run  down  a  long  line 
of  Indian  men,  women,  and  boys,  each  armed  with  a  tom- 


26  PIONEER   DAYS 

ahawk,  club,  or  switch,  with  which  the  runner  was  struck. 
Three  times  he  was  tied  to  the  stake  to  be  burned  aHve, 
and  every  time  he  was  saved  through  some  unexpected 
dehverance.  By  his  daring  coolness,  he  filled  even  the 
Indians  with  terror,  and  thus  he  aided  much  in  the  settling 
of  the  new  country.  But  he,  too,  like  Boone,  passed  away 
before  the  advance  of  civilization  in  Kentucky. 

For  the  most  part,  the  pioneers  of  Kentucky  were  from 
that  unsurpassed  race  of  people,  the  Scotch-Irish,  who 
_,       .  settled    in    the    valley   of    Virginia,   and    then 

of  the  spread  out  into  the  neighboring  States.     Their 

Kentuckians  i       i  rr  i         t    • 

ancestors  had  surrered  religious  persecutions 
in  the  Old  World,  and  the  pioneers  brought  into  the  rich, 
free  land  of  Kentucky  an  intense  love  of  God,  of  liberty, 
and  of  education, — three  important  factors  in  the  great- 
ness of  a  nation  as  well  as  of  an  individual.  Such  men, 
seeking  homes  and  prosperity  for  their  children,  were  not 
to  be  daunted  even  by  the  fury  of  the  savages. 

Occasionally,  the  faint-hearted  would  grow  weary  of  the 
hardships  and  dangers,  and  would  depart ;  but  they  left 
behind  them  the  strong  and  brave  who  were  worthy  to  be 
Healthful  life  the  possessors  and  founders  of  the  beautiful 
of  the  pioneers  ^^^  country.  The  men  could  not-  safely  plant 
the  crops,  nor  could  the  women  milk  the  cows,  except 
under  the  protection  of  armed  guards  who  stood  ready 
for  the  attacks  of  Indians ;  yet  none  the  less  they  perse- 
vered in  their  determination  to  remain.  An  existence  of 
healthful  work  with  a  steadfast  purpose  made  them  cheer- 
ful. The  children  played,  and  the  young  people  laughed 
and  were  happy,  although  the  only  variety  in  their  lives 
was  the  dread  of  a  surprise  or  an  occasional  Indian  raid. 

One  day  in  the  summer  of  1776,  Jemima  Boone  and 
the  two  daughters  of  Colonel  Richard  Callaway  were  out 


EARLY   SETTLEMENTS    IX    KENTUCKY 


27 


on  the  Kentucky  River,  in  a  canoe,  when  they  were  cap- 
tured by  five  Indians.     The  girls  tried  to  beat   a  romantic 
off  the  savages,  while  they  screamed  for  help,   ^p'^""^^ 
Being  unsuccessful  in  their  efforts,  they  dropped  broken 
twigs  or  torn  bits  of  their  gowns  to  mark  the  way  they 
were  carried.     Boone   and    Floyd,  with    a  party  of    men 


Beating  off  the  Savages 


from  the  fort,  went  in  pursuit.  They  searched  for  two 
nights  and  days,  but  did  not  overtake  the  Indians  until 
they  had  gone  about  forty  miles  from  Boonesborough. 
There  they  found  the  girls,  thoroughly  frightened,  but 
unharmed.  It  is  entertaining  to  learn  that  three  weeks 
later  the  first  wedding  upon  Kentucky  soil  took  place 
when  Squire  Boone  united  in  marriage  Betsy  Callaway, 
the  eldest  of  the  girls,  and  young  Samuel  Henderson,  one 
of  the  rescuing  party. 


28 


PIONEER  DAYS 


RECAPITULATION 


Permanent  homes  in  Kentucky. 

Harrod  and  his  company  return. 

The  McAfees  again  at  their  station. 

Boone's  account  impresses  influential 
men  of  North  Carolina. 

Their  desire  to  buy  the  region. 

The  Cherokees'  claim. 

Hart  and  Henderson  form  a  com- 
pany. 

Colonel  Henderson  elected  presi- 
dent. 

Conference  with  Indians  at  Wa- 
tauga. 

Indians  sell  their  hunting  ground. 

Colony  of  Transylvania  in  America, 

Boone  cuts  the  Wilderness  Road. 

His  company  attacked  by  Indians.- 

Boonesborough  fort  erected. 

Arrival  of  the  proprietors. 

Other  stations  previously  settled. 

Delegates  appointed  to  frame  laws 
for  the  colony. 


Boonesborough  parliament  meets, 
May  23,  1775. 

The  proprietors'  purchase  annulled. 

The  compensation  made  by  Virginia. 

The  Boonesborough  fort,  a  strong 
fortification  against  Indians. 

The  rude  furnishings  of  the  cabins. 

Daniel  Boone's  family  arrive. 

Other  families  come  to  Harrodsburg. 

McClellan's  station  built. 

Pioneer  women. 

Character  of  Daniel  Boone. 

Simon  Kenton's  adventures. 

The  pioneers  mostly  Scotch-Irish. 

Character  of  the  early  Kentuckians. 

Healthful  and  happy  life  in  the  wil- 
derness. 

Indian  raids  the  only  variety. 

Capture  of  Jemima  Boone  and  the 
Callaway  girls. 

Their  rescue  by  Boone  and  Floyd. 

First  marriage  on  Kentucky  soil. 


CHAPTER    III 

THE   COUNTY   OF   KENTUCKY,   1776-1780 

Although  it  was  not  until  1778  that  the  title  of  the 
Transylvania  Company  was  legally  annulled,  it  had  long 
before  ceased  to  be  considered  valid.     On  the  ,,    ,    , 

Kentucky 

4th  of  July,  1776,  the  Continental  Congress  county 
adopted  the  Declaration  of  Independence,  and  ^^^^^^^®'^^<* 
in  December  of  that  year  Kentucky^  County  was  estab- 
lished by  Virginia.  Before  this  time,  the  region  was 
a  part  of  Fincastle  County,  Virginia,  and  so  remote  a  part 
that  the  settlers  had  no  voice  in  the  government  of  the 
State.  But  now  they  were  entitled  to  choose  for  them- 
selves two  representatives  to  the  Virginia  legislature, 
and  to  have  local  courts  of  justice  and  military  pro- 
tection. The  change  brought  greater  stability  to  the 
colony.  Harrodsburg  was  selected  as  the  county  seat, 
and  the  first  court  was  held  there  in  September,  1777. 
It  was  composed  of  the  ablest  men  of  the  time.  Among 
the  number  were  John  Floyd,  John  Todd,  Benjamin  Logan, 

^  After  the  Transylvania  Colony  was  abolished,  the  name  "Kentucky"  was 
adopted  by  the  pioneers.  "  Kentucky  is  from  the  Iroquois  word  Kentake, 
meaning  prairie  or  meadow  land.  The  name  probably  originated  in  those 
treeless  stretches  of  country  between  the  Salt  and  Green  rivers,  which  our 
ancestors  called  barrens.  The  Indians  in  early  times  burnt  the  trees  off  these 
lands  and  then  designated  them  by  Kentake,  meaning  the  meadow  or  prairie 
lands." —  Centenary  of  Kentucky,  by  R.  T.  Durrett;  Filson  Club  Publication 
No.  7. 

29 


30 


PIONEER    UAVS 


John  Bowman,  and  Richard  Callaway,  all  men  of  character, 
who  became  distinguished  in  the  pioneer  struggle  for  exist- 
ence. Levi  Todd  was  appointed  clerk,  and  John  Bowman 
colonel  of  Kentucky  County. 

For  the  next  two  years,  the  different  stations  were  dis- 
Repeated  turbcd  by  frequent  raids  from  Indians,  which, 

Indian  raids  howevcr,  did  not  result  in  any  serious  loss  of 
life  to  the  whites,  but  proved  extremely  distressing  to  the 


Fleeing  from  the  Indians 


women  and  children  and  unfavorable  to  the  growth  of  the 
country.  Harrodsburg  was  first  attacked,  and  then,  in 
quick  succession,  Boonesborough  and  Logan's  fort.  An 
incident  in  connection  with  the  latter  siege  is  worthy  of 
remembrance,  as  it  illustrates  the  sagacious  heroism  of 
a  man  whose  every  act  was  honorable  and  courageous. 


THE   COUNTY   OF   KENTUCKY 


31 


In  the  spring  of  1777,  some  women  were  milking  cows 
outside  the  fort,  guarded  by  armed  men,  when  they  were 
fired  upon  by  Indians.  All  fled  toward  the  Logan's 
fort,  but  one  man  was  killed,  another  slightly  heroism 
wounded,  and  a  third  so  severely  injured  that  he  was  unable 
to  escape.  The  Indians  left  him  where  he  fell,  while  they 
lurked  within  gunshot.      Secure  of  his  scalp,  they  hoped 


Logan  rescuing  his  comrade 

to  entrap  others  who  might  venture  to  his  rescue.  In- 
side the  fort  his  wife  and  children  wailed  in  apprehen- 
sion for  his  fate,  and  still  none  dared  face  the  certain  death 
of  going  to  his  assistance.  When  twilight  came  on,  Logan 
tied  over  his  body  the  loose  feather  bed  his  wife  had 
brought  from  Virginia,  and  getting  down  on  all  fours  he 
crept  outside  the  fort,  grunting  like  one  of  the  hogs  which 
roamed  around  the  inclosure.  Suddenly  he  seized  the 
wounded  man,  and  darted  toward  the  fort,  before  the  sur- 


32  PIONEER   DAYS 

prised  and  puzzled  Indians  had  time  to  recover  sufficiently 
to  take  sure  aim  at  him.  Balls  and  arrows  flew  about  him, 
but  he  and  his  companion  reached  the  fort  in  safety. 

The  Indians  continued  their  resistance  to  the  settle- 
ment of  Kentucky,  and  yet  the  population  slowly  grew. 
Indian  Booncsborough  suffered  a  second  attack,  July, 

hostilities  i^^j.     At  this  time  there  were  only  twenty- 

two  fighting  men  to  defend  the  fort ;  but  toward  the  end 
of  the  year  that  station  was  increased  by  fifty  men  and 
their  families,  and  Logan's  fort  had  an  addition  of  thirty- 
eight  families.  There  were  now  between  five  hundred  and 
six  hundred  people  in  Kentucky ;  and  only  the  stout- 
hearted came,  for  it  was  known  that  the  Indians  were 
powerfully  aided  by  the  English  in  their  warfare  upon  the 
Kentuckians,  and  that  it  would  probably  be  long  continued. 

We  have  seen  that  the  country  west  of  the  Alleghanies 
and  east  of  the  Mississippi  had  been  in  the  possession  of 
the  French,  who  began  to  settle  it  as  early,  probably,  as 
The  British  1 688,  after  the  celebrated  La  Salle  (who  made 
aid  the  Indians  explorations  there)  had  returned  to  his  native 
land  with  accounts  of  the  great  river  and  the  fertile 
country.  Later  on,  a  conflict  arose  between  the  French 
and  English  colonists  in  North  America  that  developed 
into  what  is  called  the  French  and  Indian  War.  After  a 
long  and  fierce  struggle,  the  French  surrendered  to  the 
English  in  1763.  The  old  French  villages,  Kaskaskia, 
Cahokia,  etc.,  in  Illinois,  and  Vincennes,  on  the  Wabash, 
were  fortified  by  the  conquerors,  and,  at  the  outbreak  of 
the  Revolution,  these  posts  were  the  military  strongholds 
of  the  English  king.  It  was  from  them  that  the  Indians, 
who  had  allied  themselves  with  Great  Britain  against  the 
Americans,  received  the  supplies  which  enabled  them  to 
besiese  the  Kentuckians. 


-^. 


THE   COUNTY   OF   KENTUCKY  33 

George  Rogers  Clark  had  been  contemplating  an  attack 
upon  these  British  possessions  that  would  subdue  the 
power  of  the  Indians,  and  open  the 
west  to  the  Americans.  About  this 
time  he  received  ah  order  from  the 
Virginia  legislature  to  lead  his  expe- 
George  dition  into  the  Illinois  coun- 

Rogers  Clark's    try,  as  that  region  was  then 

expedition  ■'  hi         /^i      i 

mdefinitely    called.      Clark 
had  visited  Kentucky  in  1776,  and  had       '   w'     '  G^u^-'V, 

determined  to  throw    in    his    fortunes  ^  '  «        <^« 

.  ,         ,  ,  T  T  George  Rogers  Clark       /Cdo  o>  J 

With   that   colony.     He   was   a   young  ^  '\\ 

Virginian  of  striking  bearing  and  bold,  unwavering  char-  ^i  ^-IT 

acter.     He  possessed  precisely  the  order  of  talent  fitted      

for  the  expedition  to  which  he  was  called.  His  plan  of 
conquering  the  Illinois  country  was  adroit  and  vigorous. 
His  victorious  march  from  Kaskaskia  to  Cahokia,  and 
the  final  capture  of  Vincennes,  February  25,  1779,  distin- 
guished him  as  a  man  of  high  military  genius.  An  account 
of  these  campaigns  belongs  properly  to  the  history  of  the 
United  States.  Their  result,  however,  was  of  inestimable 
benefit  to  the  settlers  in  Kentucky  and  they  rejoiced  in 
the  glory  attending  them ;  for  most  of  the  men  who 
served  with  Clark  either  had  lived  in  Kentucky  or  in- 
tended to  make  their  homes  there.  John  Todd,  already  a 
prominent  Kentuckian,  was  made  county  lieutenant  or 
governor  of  the  Illinois  country. 

When  Clark  and  his  troops  came  down  the  Ohio  in  flat- 
boats,  on  their  way  to  the  Illinois  country,  they  brought 
with  them  about  twenty  families  who  intended  „,   ,  ,^ 

■^  Clark  the 

to  settle  in  Kentucky.     They  landed  upon  a  founder  of 

,,.,  ,  ,  T^n  ri  /-^^    •  ii/r  LOUiSViUe 

small  island  at  the  rails  of  the  Ohio,  May  27, 

1778,  and  proceeded  to  erect  a  fort.     Here  they  remained 

KENT.  HIST.  —  3 


34 


PIONEER   DAYS 


until  the  following  autumn,  when  they  removed  to  the 
mainland  and  built  a  fort  at  the  foot  of  the  present  Twelfth 
Street.  In  1780,  this  settlement,  which  grew  to  be  the 
largest  city  in  the  State,  received  the  name  of  Louisville. 
On  Christmas  day  a  party  was  given  in  the  old  Twelfth 
Street  fort.      Everybody  assisted.      They  called  it  a  house- 


A  Christmas  Party 


the 


warming,    and    they    made    merry   together,   dancini 
'Virginia  reel  to  the  music  of  an  old  negro  fiddler. 

While  Clark  and  his  Kentucky  captains  were  carrying 
on  their  conquests  in  the  West,  a  very  important  event  had 
Boone's  cap-  taken  place  at  home.  In  February,  1778, 
t"""^  Boone  and  twenty-six  men,  who  had  gone  to 

the  Blue  Licks  to  make  salt  for  the  different  stations,  were 


THE   COUNIY   OF   KENFUCKY 


35 


captured  by  a  party  of  Indians  on  their  way  to  attack 
BoonesboroLigh.  The  Indians  were  so  elated  with  their 
prize  that  they  abandoned  the  idea  of  going  to  Boones- 
borough,  for  the  time,  and  returned  in  triumph  with  their 
prisoners,  to  their  village,  Chillicothe.  There  Boone  re- 
mained until  early  in  the  following  June,  when  the  savages 
again  assembled  to  carry  out  their  delayed  plan.    Then  he 


Boone's  Escape 

determined  to  escape,  and  to  warn  his  fort,  whatever  might 
be  the  danger  to  himself.  He  reached  his  friends,  un- 
harmed, in  four  days,  after  a  journey  of  i6o  miles,  during 
which  he  had  but  one  meal. 

Boone's  escape  delayed,  for  several  weeks,  the  plan  of 
the  Indians ;  but  on  the  8th  of  August,  a  formidable  band 
of  savages,  painted  and  bedecked  with  all  their  gjggg  ^^ 
war  equipments,  and  with  French  and   British   Boonesborough 
colors  flying,  surrounded  the  fort.    They  were  commanded 


36  PIONEER    DAYS 

by  a  French  officer,  Captain  de  Ouindre,  who  demanded, 
in  the  name  of  his  Britannic  Majesty,  the  surrender  of  the 
garrison.  Strange  to  relate,  two  days  were  granted  for 
the  consideration  of  this  proposition,  during  which  time 
all  the  horses  and  cattle  were  collected  in  the  fort,  and 
then  Boone  announced,  with  many  jeers  at  the  discom- 
fited captain,  that  they  were  ready  to  defend  their  fort 
while  a  man  was  living. 

De  Ouindre  now  determined  to  entrap  Boone,  if  possible. 
He  asked  him,  with  eight  other  men,  to  come  outside  the 
DeQuindre's  fort  to  treat  with  him,  and  this  was  agreed  to. 
"■^^^  But  before  the  conference  was  over,  the  cun- 

ning ofihcer  said  that  it  was  a  custom,  when  concluding  a 
treaty,  for  two  of  the  Indians  to  shake  the  hands  of  each 
white  man.  Thereupon  two  powerful  Indians  seized 
Boone  and  his  men  with  the  intention  of  capturing  them ; 
but  the  hardy  Kentuckians  wrung  themselves  free  and 
fled  into  the  fort.  Soon  the  firing  began.  The  Indians 
made  an  unsuccessful  attempt  to  burn  the  fort,  while 
de  Ouindre  ordered  a  trench  dug  to  undermine  its  walls ; 
but  his  purpose  was  discovered  in  time  and  frustrated. 

The  siege  lasted  nine  days.  The  stoutest  hearts  were 
tried,  but  no  one  thought  of  surrendering.  0«  the  20th 
Result  of  the  day  of  the  month,  the  warriors  took  their  de- 
siege  parture.     Only   two    men    among   the   whites 

were  killed  and  four  were  wounded.  The  Indians  prob- 
ably suffered  no  greater  loss ;  but  they  were  discouraged 
by  the  resistance  of  the  garrison,  and  never  again  at- 
tempted an  attack  upon  Boonesborough.  Clark's  victories 
in  the  West,  coming  about  this  time,  weakened  the  power 
of  the  Indians  and  inspired  confidence  in  the  hearts  of 
the  Kentuckians.  Immigrants  streamed  into  the  country, 
and  new  stations  sprang  up  everywhere. 


THE   COUNTY   OF   KENTUCKY 


37 


News  traveled  slowly  into  the  wilderness  in  those  days ; 
but  the  spirit  of  the  pioneers  was  in  ardent  sympathy  with 
the  great  struggle  for  independence  which  was  Founding  of 
going   on    beyond    their   borders.      In    April,   Lexington 
1779,  Colonel   Robert  Patterson,  in  company  with  James 
Masterson,  the    McCon- 
nels,     Lindseys,     Morri- 
sons, and  others,  began 
a  settlement  in  the  most 
beautiful    part    of     the 
Blue    Grass    Region,   to 
which  the  name  of   Lex- 
ington   was     given,     in 
honor  of  the  first  battle 
of  the  Revolution. 

The  same  year,  in 
May,  the  land  laws 
were  passed  by  the  legis- 
lature of  Virginia,  and 
commissioners  were  ap- 
pointed to  consider  all 
claims  and  settle  all  disputes  on  the  subject.  The  court 
was  opened  at  Logan's  fort,  October  13,  1779,  with  Wil- 
liam Fleming,  Edmond  Lyne,  Tames  Barbour, 

°  J        1  J  Land  laws 

and  Stephen  Trigg  as  commissioners,  and  John 
Williams  as  clerk.  The  bold  hunter,  whose  greatest  desire 
had  been  for  romantic  adventure,  was  now  joined  by  the 
speculator,  who  sought  fortune  in  the  new  country  — 
Virginians,  largely,  in  whom  the  love  of  land  was  bred  as 
a  passion. 

Altogether,  the  year  1779  was  a  notable  one  in  the  his- 
tory of  Kentucky.  But  following  close  upon  its  growth 
and    prosperity  came   what    is    known    in    the    annals   of 


Robert  Patterson 


14651G 


38 


PIONEER    DAYS 


oU.jl 


the  State  as  the  "Hard  Winter."  Unmelting  snows  lay 
deep  over  the  land.  Horses  and  cattle  perished,  and 
The  "Hard  even  the  wild  animals  shrunk  to  the  bones. 
Winter  Only  the  bears,  living  in  the  hollows  of  trees, 

withstood  the  severity  of  the  cold.  Life  in  the  roughly 
built  cabins  of  the  pioneers  was  trying  during  the  mildest 
of  winters ;  but  it  was  torturing  now.  Because  of  the  in- 
creased ])opulation,  the  supply  of  corn  gave  out.  The 
only  food  was  lean  game,  which  was  secured  with  the 
greatest  difficulty.  But  the  sufferings  of  the  travelers 
who  had  been  overtaken  by  the  storms  on  their  way  to 
Kentucky  were  even  greater.  Crowded  into  the  cabins, 
the  settlers  could  manage  to  have  some  amusement  for  the 
time  and  could  hope  for  the  future.  The  women  spun  and 
wove,  and  the  men  made  the  utensils  necessary  for  daily 
use.  They  turned  their  attention,  also,  to  the  education  of 
their  children.  During  this  winter,  a  school  was  opened 
at  Boonesborough  by  Joseph  Doniphan. 

As  early  as  1776,  Mrs.  William  Coomes  taught  a  school 

in  the  fort  at  Harrods- 
burg.  She  had  no  text- 
books. Smooth  boards 
of  wood  were  used  for 
paper,  and  the  juice  of 
oak  balls  for  ink.  The 
children    learned  to  write 

and  work  ex-  First  schools  in 
amities     from    Kentucky 

--"   copies    set    them    by  the 
teacher.   When  they  could 
read,    they     had     Bibles 
Little  private  schools  of  this 
kind,  where  the  pupils    were    taught    to    read    and    write 


A  Schoolhouse  in  the  Backwoods 


and  hymn  books  to  study. 


>0\U'C' 


THE  COUNTY   OF   KENTUCKY 


39 


and  calculate,  were  opened  in  the  different  stations.  Per- 
haps the  children  studied  as  hard  (being  gratef.ul  for  any 
opportunity  to  learn)  as  the  boys  and  girls  do  to-day,  who 
have  cultured  teachers  and  attractive  text-books. 

The  spring  brought  many  men  of  talent  and  education 
to  Kentucky ;  it  brought,  also,  continued  warfare  with  the 
British  and  Indians.     Captain  Henry  Bird,  a  capture  of 
British    officer,   with    six    hundred    Canadians  MarS-'s^'"^ 
and    Indians,  invaded   the  settlements  on  the   stations 
Licking  River,  June  22,  1780,  and  captured  Ruddle's  and 
Martin's  stations.     These  garrisons  offered  no  resistance 
to  an  army  so  formidable  in  numbers  and  supplied  with 
artillery.     Everything  valuable   that   the    forts   contained 
was  carried  off   by  the   savages.      The    inhabitants  were 
captured  and  taken  to  the   Northwest,  where  they  were 
scattered  among  the  Indians.      Many  of  the  women  who 
could  not  travel  fast  enough  were  tomahawked. 


RECAPITULATION 


Kentucky  County  established. 
Harrodsburg  the  county  seat. 
Men  of  ability  compose  the  first  court. 
Indians    attack     Harrodsburg,    then 

Boonesborough. 
Logan's  fort  attacked. 
Second  attack  of  Boonesborough. 
Population  increases. 
The  British  aid  the  Indians. 
Clark's  expedition. 
I  lis  military  genius. 
He  conquers  the  Illinois  country. 
John   Todd    made    governor    of    the 

Illinois  country. 
Clark  the  founder  of  Louisville. 
Christmas  party  at  Louisville. 
Boone   and    others    captured    at    the 

Blue  Licks. 


A    third    siege    of     Boonesborough 

planned  by  the  Indians. 
Boone  escapes  to  warn  his  fort. 
Boonesborough  attacked. 
Indians  commanded    by  Captain    dc 

Quindre. 
Boone  declines  to  surrender. 
De  Quindre's  tricks  unsuccessful. 
The  siege  ended  after  nine  days. 
The  population  increases. 
Lexington  founded. 
Land  commissioners  appointed. 
Court  opened  at  Logan's  fort. 
Speculators  come  to  Kentucky. 
The  "  Hard  Winter." 
First  schools  in  Kentucky. 
Capture   of    Ruddle's    and    Martin's 

stations. 


CHAPTER   IV 

DIVISION   OF  THE   COUNTY,  1 780-1 782 

The  population  steadily  increased.  In  1780,  the  legis- 
lature of  Virginia  thought  it  advisable  to  divdde  the  County 
Division  of  o^  Kentucky  into  three  counties, — Jefferson, 
the  county  Fayette,  and  Lincoln.  John  Floyd,  John  Todd, 
and  Benjamin  Logan  were  appointed  colonels  of  their 
respective  counties,  and  William  Pope,  Daniel  Boone,  and 
Stephen  Trigg,  lieutenant  colonels.  Colonel  Clark  was 
raised  to  the  rank  of  brigadier  general. 

The  most  important  consideration  of  the  newly  settled 
country  was  military  protection  from  the  Indians.  The 
Eagerness  ^^^^   interest  was  the  proper  distribution   of 

for  land  j^g  lands.     Each   county   had  its   special  sur- 

veyor, —  George  May  for  Jefferson,  Thomas  Marshall  for 
Fayette,  and  James  Thompson  for  Lincoln.  So  great  was 
the  desire  to  gain  property  in  this  beautiful  Kentucky 
country  that  on  one  occasion  when  General  Clark  had 
planned  an  attack  upon  certain  Indian  towns,  he  was 
obliged  to  order  the  surveyor's  office  to  be  closed,  and  to 
state  that  it  would  not  be  opened  until  after  the  expedition 
was  over,  before  he  could  induce  any  one  to  listen  to  his 
call  for  volunteers. 

Raids  were  no  less  frequent  during  the  year  1781,  but 
they  were  less  carefully  planned  than  formerly.  The 
Continued  Indians  were  preparing  for  war  on  a  larger 

warfare  scale,  which  they  hoped  would  drive  out  the 

40 


DIVISION    OF   THE   COUNTY 


41 


intruders  from  their  hunting  ground.  But  through  all  this 
tale  of  disheartening  warfare  runs  the  invigorating  story 
of  the  valor  of  the  Kentuckians,  and  pictures  of  noble 
magnanimity  stand  out  to  refresh  us. 

John  Floyd,  the  colonel  commandant  of  Jefferson  County, 


Wells  assisting  Floyd 


had  gone  with  a  number  of  men  to  the   assistance  of  a 
neighboring   settlement.       He    was    wounded,  weiis's 
and  was  retreating  on  foot  before  the  pursu-  magnanimity 
ing  Indians,  when  he  was  overtaken  by  Captain  Samuel 
Wells,  who  was  also  fleeing  for  his  life.     Floyd  and  W^clls 
hadbeen  enemies,  but  the  past  was  forgotten.     Instantly  the 


42  nONEER   DAYS 

generous  captain  sprang  from  his  horse,  lifted  Floyd  into 
the  saddle,  and  ran  by  his  side  to  support  him,  thus  risk- 
ing his  life  for  his  enemy.  Both  were  saved  and  were 
friends  ever  afterward. 

The  following  spring  opened  with  a  fierce  conflict  which 

has    always    been    known    as    Estill's    defeat.      A    party 

of   twenty-five   Wyandots  were    seen    passing; 

Estill's  defeat      ^^  ,  ,         ^t  r     ,       r 

Boonesborough.  News  of  the  tact  was  brought 
to  Captain  James  Estill  at  his  station  on  the  south  of  the 
Kentucky  River,  near  where  Richmond  now  stands,  and  he 
started  in  pursuit  of  the  Indians,  with  forty  men.  Shortly 
after  his  departure  the  savages  came  upon  his  unguarded 
fort,  killed  and  scalped  a  young  girl,  and  destroyed  the 
cattle,  before  they  departed.  Two  boys  were  sent  as 
runners  to  bear  the  news  of  the  tragedy  to  Estill.  A 
party  of  the  men  returned  to  protect  the  women,  while  the 
rest,  to  the  number  of  twenty-five,  pushed  on  and  overtook 
the  Indians,  not  far  from  the  present  town  of  Mount  Ster- 
ling. The  fight  which  then  occurred  required  hearts  of 
unwavering  courage.  It  was  not  a  battle,  but  a  combat  of 
man  with  man.  For  nearly  two  hours  the  struggle  lasted, 
each  one  of  the  company  from  behind  a  tree  shooting 
toward  the  Indian  he  had  selected.  At  last  the  whites 
were  overcome.  Nine  were  killed,  including  the  brave 
Estill,  and  four  were  wounded.  The  latter,  however, 
escaped"  with  those  who  were  uninjured. 

In  the  month  of  July,  two  British  captains,  McKee  and 
Caldwell,  with  a  company  of  rangers  from  the  British  posts 

at  Detroit,  o-athered  together  over  one  thou- 

McKee  and  '    '^  ^  ^ 

Caldwell's  sand  Indians, — the  largest  body  of  troops-iip 
^"^"^^  to  that  time  collected  west  of  the  Alleghanies. 

It  was  their  intention  to  attack  Wheeling,  but  on  their 
march  thither,  news  reached  them  that  General  Clark  was 


DIVISION   OF   THE   COUNTY  43 

on  his  way  to  surprise  the  towns  of  the  Shawnee  Indians. 
They  turned  back  to  defend  these  towns,  and,  to  their 
mortification,  found  that  the  report  was  false.  This 
so  discouraged  the  Indians  that  a  large  number  of 
them  deserted ;  but  the  more  resolute  British  officers  were 
not  to  be  thus  deterred  from  their  purpose  to  harass  and 
fight  the  Americans.  They  succeeded  in  holding  a  com- 
pany of  over  three  hundred  Indians  and  rangers,  with 
which  they  pushed  on  into  Kentucky,  to  attack  the  weak 
stations  in  Fayette  County. 

They  reached  Bryan's  station  on  the  morning  of  the 
1 6th  of  August,  1782.  Halting  in  the  neighborhood  of 
the  fort,  they  sent  a  few  Indian  spies  ahead  to  Bryan's  sta- 
draw  out  the  whites,  meaning  then  to  rush  upon  ^^"'^  attacked 
them  with  the  whole  body  of  their  forces.  Most  fortunately, 
the  majority  of  the  men  were  inside  the  fort,  making  ready 
to  go  to  the  assistance  of  the  stations  on  the  south  of  the 
Kentucky  River,  whither  the  Wyandots  had  gone  after 
Estill's  defeat.  The  spies  were  discovered ;  and  the 
oft-tried  Kentuckians,  wise  in  the  tactics  of  Indian  warfare, 
understood  the  meaning  of  their  presence,  and  immediately 
began  preparations  for  a  siege. 

Now  there  was  no  spring  inside  the  walls  of  the  fort; 
and  water  would  be  a  necessity  if  the  attack  should  continue 
long.  The  fetching  of  water  was  everywhere  Heroism  of  the 
the  work  of  women,  a  fact  which  the  Indians  ^'"en 
knew.  If  the  men  should  go  for  it  now,  the  spies  would 
immediately  suspect  that  they  had  been  discovered.  The 
attack  might  then  begin  at  once,  which  would  be  fatal  to 
the  garrison. 

It  was  unlikely,  however,  that  the  women  would  be 
disturbed,  and  they  were  called  together.  The  situation 
was  explained  to  them.     They  were  urged  to  go  for  the 


44 


PIONEER   DAYS 


water    and   to   act   as   though    they  did  not  know  that   a 
band  of  savages  was  within  gunshot. 

There  was  a  moment  of  intense  excitement,  of  inde- 
cision and  shrinking  from  the  task;  but  the  women  in 
those  stirring  times  of  danger  had  acquired  a  warlike 
courage.  Moreover,  they  had  learned  to  forget  them- 
selves, and  to  think  only  of  the  good  of  their  family, 
their  station,  and  their  country.     The  bravest  among  the 


Marching  to  the  Spring 

older  women  stepped  forward  and  declared  their  readi- 
ness to  go  on  the  trying  rjijssion.  One  by  one,  the 
younger  women  and  girls  followed,  emboldened  by  this 
resolute  spirit,  until  the  whole  body  of  women  marched 
to  the  spring  with  their  buckets,  laughing  and  talking 
unconcernedly  together.  On  their  return,  however,  their 
steps  gre.w  faster  and  faster,  and  they  fairly  rushed  into 
the  safety  of  the  fort. 


DIVISION    OF   THE   COUNTY  45 

Immediately  afterward  the  attack  began ;  but  the  gar- 
rison was  now  ready  for  it.  Swift-footed  runners  were 
sent  to  summon  assistance  from  the  neighbor- 
ing stations.  Five  miles  away,  at  Lexington,  ^  ^^^^ 
Major  Levi  Todd,  with  forty  men,  had  just  started  for  the 
southern  border  of  the  country.  A  messenger  overtook 
him,  and  in  a  short  time  he  reached  Bryan's  Station.  The 
British  officers  now  saw  that  all  hope  of  taking  the  fort  by 
surprise  was  vain.  At  night  the  Indians  attempted  to  set 
fire  to  it ;  but,  being  unsuccessful,  they  were  quite  ready 
to  depart.  However,  there  was  a  young  white  leader 
among  them  who  determined  to  make  another  effort  to 
force  the  fort  to  surrender. 

This  was  Simon  Girty,  —  known  far  and  wide  to  the 
border  people  of  that  day  as  the  "White  Renegade," — a 
man  despised  by  every  one.  When  he  was  a 
boy,  his  father  had  been  killed  by  Indians,  and  ^™*"^  ^"^*^ 
he  himself  had  been  adopted  by  them.  He  had  grown  up 
a  savage,  and  chose  to  remain  one.  He  possessed  all  the 
cunning  cruelty  of  his  foster  brethren,  and  by  his  knowl- 
edge of  English  he  became  a  power  among  them  in  their 
schemes  to  torture  the  Americans.  He  now  made  a  speech 
to  the  fort's  defenders.  He  spoke  of  the  numbers  with 
him,  and  of  the  reenforcements  and  artillery  that  were  ex- 
pected; but  he  told  them  that  if  they  would  surrender 
they  would  not  be  harmed.  The  Kentuckians  knew  that 
their  rude  fortifications  could  not  withstand  cannon  ;  but 
they  could  not  be  intimidated. 

One  of  their  young  men,  Aaron  Reynolds,  answered 
Girty  in  a  bold,  bantering  spirit  that  won  the  admiration  of 
his  associates.  He  assured  Girty  that  they  were  not  at  all 
afraid  of  his  artillery  or  of  his  numbers  ;  that,  as  for  the 
latter,   all    the    country  was    coming    to    their    assistance. 


46  PIONEER    IJAVS 

Girty  knew  this,  as  did  the  Indians,  and  they  concluded 
it  would  be  the  part  of  wisdom  to  leave ;  but  they  did  all 
the  injury  possible,  destroying  the  fields  and  killing  hun- 
dreds of  cattle,  sheep,  and  hogs.  On  the  following  morn- 
ing, they  took  their  departure,  having  had  five  of  their 
number  slain  and  several  wounded.  Four  of  the  whites 
were  killed,  and  three  injured. 

It  did  not  take  long  to  gather  the  riflemen  of  Kentucky. 
They  answered  the  summons  for  assistance  as  hurriedly 
Gathering  of  as  did  the  clansmen  of  Scotland  the  signal  of 
the  riflemen       ^j^^  ..  ^^^.^  cross."  ^     On  the  afternoon  of  the 

day  the  Indians  left  Bryan's  Station,  182  men,  many  of 
them  commissioned  of^cers,  mustered  there  under  the 
command  of  Colonel  John  Todd,  the  ranking  officer  of 
Kentucky,  Lieutenant  Colonels  Trigg  and  Boone,  and 
Majors  McGary,  Harlan,  and  Levi  Todd.  Without  wait- 
ing for  Colonel  Logan,  who  was  to  follow  as  soon  as 
possible  with  the  forces  of  Lincoln  County,  they  pushed 
on  the  trail  of  the  Indians,  and  overtook  them  near  the 
Blue  Licks,  on  the  morning  of  August  19.  They  halted 
and  held  a  council  of  war.  The  Licking  River  lay  be- 
tween them  and  the  enemy.  Should  they  cross  and  open 
the  attack  at  once,  or  should  they  await  the  arrival  of 
Logan's  troops  ? 

The  prudent  decision  was  cast  in  favor  of  the  latter 
course,  when  Major  McGary,  an  impulsive  man,  filled  with 
a  passionate  hatred  of  all  Indians  because  his  son  had  been 

1  111  the  hordcr  warfare  of  Scotland,  "an  ancient  method  of  gathering  the 
people  was  by  sending  the  '  fiery  cross  '  through  the  country.  This  mj'sterious 
symbol  of  haste  and  danger  was  formed  of  yew,  first  set  on  fire  and  then 
quenched  in  the  Ijlood  of  a  goat.  Every  man  who  received  it  was  bound  to 
pass  on  with  it  through  torrents,  or  over  mountains,  by  day  or  night,  until 
another  took  it  off  his  hands."  See,  also,  The  Gathekinc,  III.  Canto,  T/ie 
Lady  of  the  Lake. 


DIVISION   OF  THE   COUNTY 


47 


killed  by  some  of  them,  plunged  forward  into  the  river, 
waving  his  hat  over  his  head  and  shouting :  "  Let  all  who 
are  not  cowards  follow  me  !  "  Immediately,  Battle  of  the 
as  if  fired  by  his  taunt,  the  impatient  troops  ^^"^  ^^'^^^ 
rushed  after  him.  The  sober  officers  had  no  alternative 
but  to  follow.  Soon  the  battle  began.  From  the  first  the 
advantage  was  with  the  enemy,  because  of  superior  num- 


McGary  in  the  River  •-  ^ 

bers.  Colonel  Trigg  was  killed,  then  Harlan  with  nearly 
all  his  advance  guard  was  swept  away.  John  Todd  and 
Boone  tried  to  rally  the  men,  until  Todd  himself  was  shot 
down.  Then  a  wild  panic  took  place.  Leaving  the  dead 
on  the  field  of  battle,  every  one  attempted  to  escape. 

The  fighting  had  lasted  only  about  five  minutes,  and  in 
that  time  the  Kentuckians  had  lost  seventy  of  their  bravest 


48  PIONEER   DAYS 

soldiers,  twelve  had  been  wounded,  and  seven  captured. 
The  loss  on  the  other  side  was  insignificant  in  corn- 
After  the  parison.  Several  days  later,  Colonel  Logan 
batue  arrived  at  the  scene  of  the  tragedy  with  four 
hundred  men,  —  a  force  large  enough  to  have  completely 
overwhelmed  the  Indians.  But  all  was  over  now.  Nothing 
remained  to  do  but  to  bury  the  dead  where  they  had 
fallen.  By  the  rash  act  of  one  man  was  brought  about  the 
greatest  disaster  that  had  ever  befallen  Kentucky. 

It  is  impossible  to  describe  the  anguish  of  that  time. 
Sorrow  and  wailing  prevailed  everywhere.  For  weeks 
the  women  could  not  be  consoled.  But  the  unconquerable 
Kentuckians  did  not  long  rest  in  their  mourning.  The 
blow  must  be  retaliated.  Troops  quickly  gathered  at  the 
Falls  under  Colonel  Floyd  and  at  Bryan's  Station  under 
Colonel  Logan.  Uniting  at  the  mouth  of  the  Licking 
under  General  Clark,  they  marched  rapidly  into  the 
Indian  country.  On  the  loth  of  November,  1782,  the 
Miami  towns  were  burnt  to  the  ground.  Warning  had 
been  given  the  Indians,  and  they  escaped  into  the  woods ; 
but  all  their  valuable  property  was  destroyed.  From 
village  to  village,  the  mighty  force  of  Kentuckians  swept 
with  their  desolating  firebrands.  At  last  the  Indians  were 
conquered.  Though,  for  ten  years  longer,  occasionally  a 
few  straggling  savages  would  disturb  the  security  of  the 
settlers,  Kentucky  never  again  suffered  any  serious  Indian 
invasion. 

RECAPITULATION 


Kentucky  County  divided. 
Jefferson,  Fayette,  and  Lincoln  coun- 
ties. 
Military   officers   and    surveyors    ap- 


Great  eagerness  to  obtain  lands. 
Indians  preparing  for  war. 
Samuel  Wells's  magnanimity. 
Estill  pursues  a  band  of  Indians. 


pointeil.  I    A  young  girl  killed  at  his  fort. 


DIVISION   OF  THE   COUNTY 


49 


Indians  overtaken  near  Mount  Ster- 
ling. 

Estill's  defeat. 

McGee  and  Caldwell's  army  of  over 
one  thousand  Indians. 

A  false  alarm  changes  the  course  of 
the  army. 

A  smaller  force  marches  into  Ken- 
tucky. 

Attack  on  Bryan's  Station. 

Heroic  women  supply  the  fort  witli 
water. 

The  siege  begun. 

Runners  summon  assistance. 

Indians  fail  to  burn  the  fort. 

Girty  attempts   to   frighten   the    men 
into  surrendering. 

Aaron  Reynolds's  fearless  answer. 
KENT.  HIST.  —  4 


Indians  do  great  damage  before  de- 
parting. 

The  riflemen  of  Kentucky  gather. 

One  hundred  and  eighty-two  men  at 
Bryan's  Station. 

The  officers  of  the  company. 

The  Indians  are  pursued. 

Council  of  war  held. 

A  prudent  decision  made. 

McGary's  rash  act. 

Battle  of  the  Blue  Licks. 

Terrible  slaughter  of  the  whites. 

Great  anguish  caused. 

The  blow  retaliated. 

Village  after  village  destroyed. 

The  Indians  are  conquered. 

No  more  serious  invasions  of  Ken- 
tucky. 


II  — THE  STRUGGLE   FOR   INDEPEND- 
ENCE,  1782-1792 


chaptI':r  V 

THE   DISTRICT   OF    KENTUCKY,   1 782-1 784 

Beyond  the  borders  of  Kentucky,  the  Confederated 
Colonies  were  passing  through  their  victorious  conflict  for 
„    ^   ,    ,         independence  from  Great  Britain  —  six  terrible 

Kentucky's  ^ 

struggle  for        years  of  ceaseless  warfare  from  the  battle  at 

existence 

Lexington,  1775,  to  the  surrender  of  Lord 
Cornwallis  at  Yorktown,  1781.  Cut  off  from  the  East  by 
the  high  wall  of  the  Cumberland  Mountains,  separated 
from  the  neighboring  regions  of  the  Northeast,  the  North, 
and  the  West  by  a  connected  system  of  waters,  Kentucky 
was  waging  alone,  unaided  by  continental  arms  and  con- 
tinental supplies,  an  equally  terrible  conflict.  Li  the  his- 
tory of  this  era,  too  little  recognition  has  been  made  of 
this  struggle,  whose  successful  issue  gave  to  the  nation  a 
strong,  faithful  State,  and  opened  the  way  for  the  con- 
quest of  the  vast,  rich  West. 

At  Paris,  France,  on  the  30th  of  November,  1782,  the 
preliminary  treaty  of  peace  between  the  United  States  and 
Peace  with  Great  Britain  was  signed.  There  were  no 
England  occan  cablcs  in  those  days,  no  telegraph  lines, 

no  railroads,  no  postal  service.     Slowly  the  news  reached 

50 


THE    DISTRICT   OF    KENTUCKY  5  I 

the  far-away  land  of  Kentucky,  told  by  traveler  to  trav- 
eler, or  written  in  letters  which  were  borne  to  friends  by 
immigrants  to  the  country.  But  early  in  the  following 
spring  the  cheering  fact  was  known. 

At  this  time  there  were  less  than  thirty  thousand  people 
in  Kentucky.  Now  the  growth  became  very  rapid.  By 
1790,  the  population  had  increased  to  more  immigration  to 
than  seventy-five  thousand.  The  long  war  Kentucky 
which  had  just  closed  had  left  the  Atlantic  States  impov- 
erished. The  fertile  lands  of  Kentucky  offered  an  allur- 
ing prospect  to  families  whose  fortunes  had  been  thus 
injured.  From  Virginia,  Pennsylvania,  Maryland,  and  the 
Carolinas,  especially  from  Virginia,  came  this  great  influx 
of  people  to  Kentucky.  Of  course  there  were  some  men 
among  them  of  low  character  and  slender  ability  ;  but  the 
majority  of  them  were  clever,  educated  people  of  moral 
strength,  who  were  notable  even  in  that  most  remarkable 
epoch  of  American  history. 

Among  them  were  officers  whose  military  genius  had 
hastened  the  victory  of  the  Revolution ;  soldiers  whose 
unselfish  loyalty  had  aided  the  cause ;  and  young  men  of 
talent,  fresh  from  the  colleges  of  the  East.  Their  names 
will  fill  the  pages  of  the  following  period.  The  men  whose 
rare  courage  and  entertaining  adventures  stirred  us  in  the 
story  of  the  pioneer  days,  have  passed  away ;  either  death 
has  come  to  them,  or  they  have  finished  their  great  work. 
Only  one  or  two  recur  in  the  narrative  of  the  public  affairs 
of  the  new  era  opening  before  us. 

By  an  act  of  the  Virginia  legislature  the  three  counties, 
Jefferson,  Fayette,  and  Lincoln,  were  united  in  1783  and 
Kentucky  District  was  established.     A  district 

■^  Kentucky 

court  was   erected,  and    John    Floyd,   Samuel   District 
McDowell,  and  George  Muter  were  appointed 


52  THE   STRUGGLE    FOR   INDEPENDENCE 

judges.  Walker  Daniel  was  also  commissioned  attorney- 
general,  and  John  May  was  selected  to  be  the  clerk  of  the 
court. 

Shortly  after  his  appointment,  John  Floyd,  the  vigorous, 
intellectual  pioneer,  was  killed  by  an  Indian.  He  had 
The  District  fought,  unscathed,  through  the  terrible  border 
judges  wars,  and  now,  in  the  time  of    peace,  riding 

unguardedly  in  the  woods  near  his  home,  wearing  his  scar- 
let wedding  coat,  —  a  definite  mark  for  the  savages,  —  he 
received  his  death  wound.  It  is  a  curious  coincidence  that 
two  other  members  of  this  district  court,  pioneers  like 
Floyd,  met  a  similar  death, — -Walker  Daniel  in  1784,  John 
May  in  1790.  The  other  judges  were  Virginians,  whom 
the  close  of  the  war  brought  to  Kentucky.  They  had 
been  ofificers  in  the  Revolution  and  each  bore  the  rank  of 
colonel.  Their  recognized  worth  and  ability  are  indicated 
by  their  appointment  to  this  po.sition  of  trust  and  dignity. 
We  shall  have  need  to  refer  to  them  frequently  in  the  fol- 
lowing pages. 


^^  ^   •■^  -  -  .  s.  -  V  ^r-t,*^fei«*4K.,,iik.  As^s- 


An  Ohio  River  Flatboat 


On  the  third  day  of  March,  1783,  the  court  was  opened 
at  Harrod.sburg  ;  but  there  being  no  house  large  enough  at 
Founding  of  that  place  for  its  accommodation,  it  adjourned 
Danville  ^^  .^  church  six  miles  away.     One  of  its  first 

official  acts  was  to  order  a  log  courthouse  to  be  built  at 
some  safe  place  near  Crow's  Station  (about  ten  miles  from 


THE   DISTRICT   OF   KENTUCKY 


53 


Harrodsburg),  and  a  jail  also,  of  "hewed  or  sawed  logs  at 
least  nine  inches  thick."  The  location  was  wisely  chosen  ; 
it  was  on  the  Wilderness  Road,  the  great  highw^ay  through 
Kentucky,  and  within  the  famous  Blue  Grass  region.  From 
this  judicial  beginning  grew  the  town  of  Danville,  which 
became  the  seat  and  center  of  all  the  public  affairs  of  the 

District,  and  whose 
early  history  suggests 
so     many     picturesque 


and  interesting  events.  Each  town  in  Kentucky  has  its 
particular  tone.  Danville  may  be  characterized  as  sober 
and  intellectual,  self-respecting  in  the  management  of  its 
own  affairs,  and  unworldly. 

Security  and  hope  prevailed  in  Kentucky  District,  and 
its  reputation   increased    abroad.        Fkitboats 
filled  with  immigrants  were  constantly  landing 
at  the  Falls  (Louisville),  in   the  northwestern  part  of  the 


Prosperity 


54  THE  strugglp:  for  independence 

settled  region,  and  at  Limestone  (now  Maysville),  in  the 
northeast.  Heavily  laden  pack  horses  brought  a  contin- 
ued stream  of  settlers  through  Cumberland  Gap,  over  the 
Wilderness  Road. 

At  Louisville,  Daniel  Brodhead,  an  officer  in  the  Revo- 
lution, who  had  recently  come  to  Kentucky,  opened  a  shop 
where  all  kinds  of  goods,  imported  from  Philadelphia, 
were  sold.  The  home-woven  cotton  gowns  and  sunbon- 
Brodhead's  n^ts  Were  replaced  by  gay-figured  calicoes  and 
^^"""^  straw  bonnets.     There  were  also  more  costly 

articles  for  gala  days,  —  silks  and  parasols  for  the  maidens, 
broadcloths  and  silk  stockings  for  the  men.     A  French- 
man, landing  at  the  Falls 
in  1784,  described  a  party 
of    young  people  that   he 
,''  ~'  saw  thus  attired  starting 

off  for  an  excursion  on 
the  river. 

There  is  on  record, 
also,  an  account  of  a 
party  given  by  Mrs. 
Martha  Donne  to  cele- 
brate the  first  crop  of 
wheat     raised      at      the 

Falls,  in     1783.    Early  merry- 

The  wheat  was  '^^^'''^' 
ground  with  a   hand   mill, 
James  Wilkinson  ^j^^^^    through    a   cambric 

handkerchief  which  Mistress  Martha  had  brought  from 
Philadelphia,  shortened  with  raccoon  fat,  baked,  and  served 
for  the  refreshment  of  the  guests.  Thus  early  the  town 
of  Louisville  took  or.  its  brilliant,  fashionable,  hospitable 
tone. 


THE    DISTRICT   OP'   KENTUCKY  55 

In  February,  1784,  General  James  Wilkinson  made  his 
advent  into  Lexington  as  the  representative  of  a  mercan- 
tile firm  in  Philadelphia  of  which  he  was  the  head.  Wil- 
kinson was  brilliant  in  mind  and  affable  in  james  wiikin- 
manner,  but  corrupt  in  morals  and  selfish  in  son's  advent 
character.  He  acted  an  important  part  in  the  political 
events  of  the  period.  Wilkinson's  shop,  like  Brodhead's, 
was  a  great  advantage  to  the  neighboring  region. 

At  this  time  there  were  eight  towns  in  Kentucky : 
Louisville  and  Bardstown,  in  Jefferson  County ;  Harrods- 
burg,  Boonesborough,  and  Danville,  in  Lincoln  Lexington's 
County  ;  and  Lexington,  Leestown,  and  Green-  Position 
ville,  in  Fayette  County.  Of  these,  Lexington  was  the  larg- 
est. Never  rapid,  but  always  steady  in  growth,  Lexington 
was  advancing  into  that  substantial  business  and  social 
position  which  she  has  maintained  until  the  present  day. 
Her  early  interest  in  all  things  intellectual  caused  her  to 
become  the  center  of  the  literary  culture  of  the  District, 
and  gave  to  her  the  title,  —  in  the  high-sounding  phrase- 
ology of  the  time,  —  Athens  of  the  West. 

Here  John  Filson  ^  wrote  the  first  history  of  Kentucky, 
which  was  likewise  the  first  history  of  any  portion  of  that 
vast  region  lying  west  of  the  Alleghanies.  The  fame  of 
the    "happy    climate    and    plentiful    soil"    of 

...  .       John  Filson 

Kentucky  had  reached  Filson  m  his  home  m 
southern  Pennsylvania,  and  he  went  thither  to  secure  lands 
for  himself.  This  was  probably  in  the  year  1782,  when 
he  was  about  thirty-six  years  old.  He  was  a  schoolmaster, 
and  very  well  educated  except  in  the  matter  of  spelling 
and  the  use  of  capitals.  He  led  a  roaming,  stirring  life 
until  his  death  in  1788.     Shortly  before  that  time,  he  had 

1  The  Life  of  John  Filson.     By  Reuben  T.  Durrett.      Filson  Club  Publi- 
•  cation  No.  i. 


56 


TflE   STRUGGLE   FOR   INDEPENDENCE 


entered   into   a   partnership  with   Matthias   Denman    and 
Colonel    Robert    Patterson    (one     of     the     founders     of 

Lexington)  to 
lay  off  a  town 
where  the  present 
city  of  Cincinnati 
stands.  Filson 

brought  his 
Greek,  Latin,  and 
French  knowl- 
edge into  use  to 
coin  a  name  for 
his  town  :  Losan- 
tiville  — ■  tJie  city 
opposite  the  vionth 
of  the  Licking. 
While  out  survey- 
ing, he  became 
separated  from 
his  companions 
and  was  never 
again  seen.  He 
was  killed  either  by  the  savage  Indians,  or  by.  the  beasts 
of  the  forest. 

Filson  gained  the  information  for  his  history,  and  the 
map  with  which  it  is  illustrated,  from  a  close  intercourse 
First  history  with  Daniel  Boone,  Levi  Todd,  James  Harrod, 
of  Kentucky  Christopher  Greenup,  John  Cowan,  and  Wil- 
liam Kennedy,  whose  "  distinguished  assistance  "  he  grate- 
fully acknowledges.  Beside  the  map,  the  history  is  made 
further  entertaining  by  a  narrative  of  "  The  Adventures  of 
Colonel  Daniel  Boone,"  which  the  author  learned  from  the 
old  pioneer  himself.     There  was  no  printing  press  in  Ken- 


John   Filson 


THE   DISTRICT   OF   KENTUCKY  57 

tucky  at  that  time,  so  Filson  carried  the  manuscript  of  the 
history  to  Wihiiington,  Delaware,  and  that  of  the  map  to 
Philadelphia,  where  the  book  was  published  in  1784.  One 
year  later  it  was  translated  into  French  by  M.  Parraud, 
and  published  in  Paris.  This  little  book  is  now  very  rare 
and  valuable. 

We  have  noticed  the  early  desire  of   Kentuckians  for 
education.     Thus  far,  all  that  had  been  possible  were  little 
private  schools  held  within  the  stations.     Now  xransyivania 
we  are  to  learn  somethino;  of  the  first  school  university 

°  founded 

or  college  in  the  West.  In  1780,  the  Virginia 
legislature  passed  an  act  to  establish  such  a  school  in 
Kentucky  as  soon  as  the  condition  of  the  country  should 
permit.  An  endowment  of  eight  thousand  acres  of  land 
was  given  to  it  and  thirteen  trustees  were  appointed. 
In  1783,  the  trustees  were  increased  to  twenty-five  and  the 
endowment  of  land  to  twenty  thousand  acres.  The  school 
was  to  be  called  Transylvania  Seminary,  and  the  trustees 
were  to  hold  their  first  meeting  at  Crow's  Station  (Dan- 
ville) the  second  Monday  in  November  of  that  same  year. 
The  trustees  were  influential  men  in  the  District.  The 
names  of  those  who  attended  the  first  meeting  have  been 
preserved  for  us.  They  are  John  Craig,  Walker  Daniel, 
Willis  Green,  Christopher  Greenup,  Robert  Johnson,  Sam- 
uel McDowell,  David  Rice,  James  Speed,  Isaac  Shelby, 
and  Caleb  Wallace.  The  Reverend  David  Rice  was 
elected  chairman  of  the  board.  "  Father  Rice,"  as  he 
was  commonly  called,  had  lately  arrived  in  Kentucky 
from  Virginia.  He  was  the  first  Presbyterian  preacher  in 
the  District,  an  earnest  man,  and  well  educated  for  that 
day,  being  a  graduate  of  Nassau  Hall,  afterward  Princeton 
College. 

At  this  first  meeting,   the  trustees  did  little  but   grow 


58 


riiK  srRL:(;GLK  for  indkpendence 


more  enthusiastic  concerning  the  advantages  of  education. 
Their  uncultivated  lands  gave  them  no  money  with  which 
either  to  buy  a  schoolhouse  or  to  ])ay  teachers.  Two 
years  later,  however,  the  seminary  was  opened  at  the 
home  of  the  chairman,  near  Danville,  and,  in  1788,  it  was 
removed  to  Lexington.  Before  long,  theological  differ- 
ences arose  in  the  school,  and,  in  1796,  the  Presbyterians 
withdrew  their  support  and  established  Kentucky  Acad- 
emy, at  Pisgah.  But  in  1798  all  disagreements  were 
adjusted,  and  the  rival  institutions  were  united  at  Lexing- 
ton under  the  name  "Transylvania  University." 


RECAPITULATION 


Kentucky's  unaided  struggle  during 
the  Revolution  era. 

Her  important  service  to  the  nation. 

Treaty  of  peace,  November  30,  1 782, 
])roclaimed  in  Kentucky  the  fol- 
lowing spring. 

High  class  of  imniigrants. 

Pioneers  pass  away. 

New  names  appear  in  public  affairs. 

Kentucky  District  established,  1783. 

Samuel  McDowell  and  George  Muter. 

Judiciary  appointments. 

Floyd,  Daniel,  and  May  murdered  by 
Indians. 


Court  opened  at  Ilarrodsburg. 
Removed  to  Crow's  .Station. 
Danville  founded. 
Characteristics  of  Danville. 
Prosperity  in  the  District. 
Brodhead's  store. 
Louisville's  flourishing  condition. 
Early  merrymakings. 
Wilkinson's  arrival  in  Kentucky. 
Lexington's  substantial  position. 
John  F'ilson  conies  to  Kentucky. 
F'ilson's  first  history  of  the  region. 
Transylvania  Seminary  established 
Becomes  Transylvania  University. 


CHAPTER    VI 

BEGINNING   OF  TILE   STRUGGLE,   1 784-1 786 

The  security  of  the  Kentuckians  was  beginning  to  be 
disturbed.     The    country    which    the    Americans    wrested 
from  Great  Britain  consisted  of  the  Atlantic   Military 
States,  extending  from  Canada  to  the  thirty-  posts  in  the 

'  '^  ■'      Northwest 

first  degree  of  latitude,  and  Kentucky  and  the 
Illinois  country,  which  the  pioneers  had  won.  Off  in  the 
Northwest,  —  far  away  then,  but  now  at  the  very  threshold 
of  that  vast  region,  which  has  become  thickly  settled, — -at 
and  about  Detroit,  the  British  still  held  the  military  sta- 
tions which  they  had  gained  from  the  French.  In  their 
treaty  of  peace  with  the  United  States  the  British  had 
promised  to  surrender  these  posts ;  but,  because  of  cer- 
tain complications,  they  now  refused  to  comply  with  their 
agreement. 

When  the  news  of   this  fact  reached   Kentucky,  great 
fears  of  Indian  hostilities  were  felt.     We  have  learned  that 
the    Indians    had    been    instigated    to    attacks   jq^j^^ 
upon  the  Kentuckians  by  the  British.      If  the   hostilities 

.   .  .  .  .  anticipated 

l^ritish  still  held  stations  in  America,  then  the 
Indians  would  still  be  urged  to  warfare.  Virginia  was  far 
away  from  Kentucky  —  too  far  to  send  her  assistance  in 
time  of  trouble,  l^ut  as  Kentucky  was  not  independent, 
no  military  expedition  could  be  undertaken  beyond  the 
borders  of  the   District  unless  so  ordered  by  the  V^irginia 

59 


6o  THE   STRUGGLE   FOR   INDEPENDENCE 

government.  The  question  of  asking  for  separation  from 
Virginia  was  continually  discussed. 

The  Congress  of  the  Confederation  of  States  did  not 
advise  any  attempt  to  exterminate  the  Indians;  but  rec- 
causes  of  In-  ommended  a  peaceful  course  of  action  toward 
dian  hostilities  ^j^gj,-,  -p^  ^j^jg  ^j^,^]^  commissioners  were  ap- 
pointed to  treat  with  the  various  tribes  to  induce  them  to 
recognize  the  authority  of  the  victorious  States.  But  cer- 
tain Indians  on  the  east  of  the  Miami  River,  who  had  been 
induced  against  their  will  to  enter  into  a  treaty,  still  re- 
tained their  animosity  toward  the  Kentuckians ;  and  certain 
others  farther  to  the  west,  who  had  never  entered  into 
any  treaty,  were  likewise  inflamed  at  the  thought  of  the 
Americans  possessing  their  lands.  Furthermore,  law- 
less men  in  Kentucky,  who  believed  there  could  be  no 
good  in  any  Indian  and  that  it  was  never  well  to  let 
one  live,  would  sometimes  kill  those  that  were  harmless. 
The  revengeful  savages  retaliated  by  murdering  innocent 
white  men. 

Information  came  to  Colonel  Benjamin  Logan  that  a 
serious  invasion  by  the  Cherokees  might  be  expected. 
Meeting  of  mil-  General  Clark  had  been  retired.  Colonel 
itary  officers  Logan  was  now  the  ranking  officer  of  Ken- 
tucky. Accordingly,  in  November,  1784,  he  called,  at 
Danville,  an  informal  meeting  of  the  military  officers  of 
the  District,  to  consider  the  manner  of  resisting  the  an- 
ticipated attack.  This  meeting  agreed  that  the  Kentucki- 
ans must  passively  await  the  inroads  of  the  savages,  as 
they  had  no  authority  among  themselves  to  order  an  expe- 
dition into  the  Indian  country  in  order  to  repel  the  inva- 
sion. Therefore  it  was  resolved  that  it  would  be  wise  to 
call  for  the  election  oi  one  delegate  from  each  of  the 
militia  companies  in  tlie  District,  who  should  meet  in  con- 


BEGINNING   OF   THE   STRUGGLE 


6i 


vention  to  consider  the  subject  of  seeking  independence 
from  Virginia. 

As  there  was  no  printing  press  in  Kentucky,  a  circular 
address  setting  forth  the  facts  was  many  times  copied  and 
distributed  among  the  people.  We  can  picture  the  Ken- 
tuckians,  chafing  under  a  sense  of  restraint  as  they  alertly 
listened  for  the  war  whoop  of  the  Indians. 

At  Danville,  on  December  27,  1784,  the  first  convention 
for  separation  met,  and  decided  by  a  large  majority  that 
the  dang-ers  to  which  the  District  was  subject  ^.  ^ 

c"  •'  First  conven- 

could    be   remedied   only  by  its  becoming  an  tionfor 

,  I  r-  -r.  1  1  •  •  independence 

independent  State.     But  the  subject  as  it  pre- 
sented itself  to  the  people  at  that  time  was  one  of  grave 
importance.     It  demanded  calm,  deliberate  action.     There- 
fore a  second  convention  was  called  for  May  23,  1785. 

The  second  convention  duly  assembled  at  Danville  and 
elected  Judge  Samuel  McDowell  president,  and  Thomas 
Todd   secretary.     The    matter  '  ^  _>  ^ 

was  again  presented  and  con- 
sidered with  the  most  earnest 
deliberation,  and  it  was  again 
decided  that  sepa- 

Second  conven-  _  ' 

tion  for  inde-      ration    was    ncces- 
pendence  .  .  . 

sary.       A    petition 

to  the  Virginia  Assembly  was 

prepared  as  well  as  an  address 

to  the  people  of   the   District. 

The     former    was    calm,    the 


latter    inflaming    in    tone. 


It 


Samuel  McDowell 


was  written  by  General  James 
Wilkinson  ;  he  was  not  a  member  of  the  convention,  but 
his  brilliant,  florid  style  had  won  him  the  admiration  of  the 
Kentuckians.     The  convention    had   lull    power  to   apply 


62  THE   STRUGGLE   EOR    INDErENDENCE 

immediately  to  Virginia  for  action  in  the  matter ;  but  with 
surprising  caution  it  forbore  to  do  this,  and,  in  order  that 
the  will  of  the  people  might  be  known  positively,  called 
for  a  third  convention  to  ratify  what  had  already  been  done. 

Kentuckians,  when  they  act  individually,  are  generally  im- 
pulsive, often  hot-tempered  and  rash  in  their  deeds;  when 
Prudence  of  the  they  act  in  conccrt,  they  are  deliberate,  prudent, 
Kentuckians  g^j^^j  wise  in  their  decisions.  They  are  people 
of  intellect.  The  individual  standing  alone  acts  from 
emotion  before  he  has  had  time  to  think.  The  individual 
as  a  part  of  a  body  of  men  cannot  act  on  his  own  impulse. 
Thus  opportunity  is  gained  for  reason  to  assert  itself  and 
to  assume  control.  This  fact  should  be  borne  in  mind  ;  the 
truth  of  it  will  be  proved  as  we  continue. 

The  third  convention  assembled  in  August,  1785,  and 
elected  the  same  president  and  secretary  that  had  served 
Third  conven-  ^1  the  former  conventions,—  Samuel  McDowell 
^'°°  and  Thomas  Todd.     They  were  reelected   at 

each  succeeding  convention.  Wilkinson  managed  to  have 
himself  elected  a  member,  and  now  began  his  scheming, 
dazzling  career  in  Kentucky.  The  calm  petition  to  the 
Virginia  Assembly  was  discarded  for  one  he  prepared, 
"which  was  less  a  petition  than  a  demand."  .  The  chief 
justice  of  the  District,  George  Muter,  and  the  attorney- 
general,  Hary  Innes,  were  appointed  to  present  this  peti- 
tion to  the  Virginia  Assembly. 

In  spite  of  the  tone  of  the  petition,  the  State  of  Vir- 
ginia passed  an  act  setting  forth  the  conditions  upon  which 
First  act  of  f^c  separation  might  take  place.  They  were 
separation  ^^  f ollows :  Delegates  were  to  be  elected  to  a 
fourth  convention,  which  should  meet  in  Danville,  Septem- 
ber, 1786,  to  determine  whether  it  w^as  the  wall  of  the 
people  of  the  District  to  be  erected  into  an   independent 


BEGINNING   OF  THE   STRUGGLE  63 

State.  If  such  were  their  will,  they  were  to  fix  upon  a  date 
later  than  September  i,  1787,  when  the  authority  of  Vir- 
ginia should  forever  cease.  But  this  was  to  take  place 
provided  "that  prior  to  the  ist  day  of  June,  1787,  the 
United  States  in  Congress  assembled  shall  consent  to  the 
erection  of  the  said  District  into  an  independent  State,  and 
shall  agree  that  the  new  State  shall  be  admitted  into  the 
Federal  Union." 

The  majority  of  Kcntuckians  regarded  this  act  of 
the  Virginia  Assembly  as  reasonable,  and  submissively 
bore  the  delay  in  the  longed-for  separation,  court  and 
But  there  were  others  who  received  it  with  country  parties 
opposition,  and  in  whom  it  caused  the  greatest  irritation. 
Of  these  Wilkinson  was  the  recognized  leader.  The 
party  he  represented  was  called  the  Court  party,  on 
account  of  the  ofificial  position  of  its  members.  Wilkinson 
now  offered  himself  as  a  candidate  for  delegate  from 
Fayette  County  to  the  fourth  convention.  Humphrey 
Marshall,  a  representative  of  the  opposite  faction,  which 
was  called  the  Country  party,  was  the  contending  candi- 
date. 

Great  excitement  prevailed  in  this  county.  The  elec- 
tions were  not  then  conducted  as  rapidly  as  they  are 
to-day,  —  they  lasted  five  days.  On  the  first  day,  Wilkin- 
son was  put  forward  by  his  friends  to  speak  to  the  people. 
He  urged  them  to  disregard  the  act  of  Virginia  and  to 
declare  themselves  independent  at  once.  Marshall  an- 
swered him  in  a  sensible,  logical  speech.  Wilkinson's 
speech  was,  as  usual,  showy  and  oratorical.  The  election 
closed,  and  Wilkinson  was  found  to  have  obtained  the 
larger  number  of  votes. 

The  great  dreaded  Indian  invasion  did  not  take  place  ; 
but  serious  distress  was  caused  throughout  the  District  by 


64 


THE   STRUGGLE   FOR   INDEPENDENCE 


petty  depredations  of  small  parties  of  Indians.  The  Ken- 
tuckians  complained  to  Virginia,  and  Virginia  petitioned 
Self-protection  Congress  to  raise  troops  to  protect  this  frontier 
authorized  region.  But  at  the  time  about  which  we  are 
studying,  the  Congress  of  the  Confederation  of  States  was 
not  so  powerful  a  body  as  the  Congress  of  to-day.  It 
could  do  little  more  than  recommend  certain  measures  to 


Indian  Depredations. 

the  different  States ;  it  had  no  ability  to  cause  them  to  be 
carried"  out.  However,  Congress  granted  the  Kentuckians 
the  privilege  of  protecting  themselves. 

In  accordance  with  this  permission,  early  in  September, 
1786,  more  than  one  thousand  troops  collected 
at  Clarkesville  (opposite   Louisville),  with  the 
intention  of  attacking  the  Wabash  Indians  liv- 
ing in  the  present  State  of  Indiana.     They  were   organ- 


Expeditions 

of  Clark  and 
Logan 


BEGINNING   OF  THE   STRUGGLE 


65 


ized  under  General  George  Rogers  Clark.  Colonel  Benja- 
min Logan  was  sent  back  to  Kentucky  to  raise  volunteers 
for  an  expedition  against  the  Shawnee  Indians  living  in 
the  present  State  of  Ohio.  Logan  quickly  secured  four  or 
five  hundred  men.  With  this  force  he  proceeded  to  the 
Indian  towns  on  the  Mad  River,  burned  them  to  the  ground, 
and  took  seventy  or  eighty  prisoners.  He  returned  in 
twenty  days,  after  a  successful  expedition.  Unfortunately, 
General  Clark's  expedition  proved  fruitless.  The  provi- 
sions were  delayed  on  their  way  to  Vincennes,  where  his 
troops  were  stationed.  Insubordination  took  place.  The 
great  general  had  lost  control  over  the  men  who  served 
under  him,  and  many  of  them  deserted. 

When  the  time  came  for  the  fourth  convention  to  as- 
semble, so  many  of  the  delegates  were  absent  with  Clark 
and  Logan  that  a  quorum 
could  not  be  obtained. 
Those  who  were  at  home, 
however,  met  every  day,  and 
adjourned  until  the  following 

Postponement     January,      when 
of  separation      ,-j^g       necessary 

number  were  present.     The 

condition    required    by    the 

Virginia   Assembly    for  the 

separation  was  that  prior  to 

the  first  day  of  June,  1787, 

the  Congress  of  the  United 

States    should    have   agreed 

to  admit  the  new  State  into 

the   Federal   Union.      It   was    now    too    short    a    time,  in 

those   days   of    slow  travel,  for  the  Kentuckians  to  take 

the  necessary  steps    toward    this   end.      Therefore,    they 

KENT.    HIST. —5 


John    Marshall 


66  THE   STRUGGLE   FOR   INDEPENDENCE 

petitioned  the  Virginia  Assembly  to  alter  that  clause  in 
the  act.  Their  petition  was  presented  by  John  Marshall 
(afterward  the  great  chief  justice),  who  strongly  urged  his 
request.  But  the  Assembly  did  not  see  fit  to  grant  it. 
Consequently,  another  act  was  passed  which  fixed  the  time 
for  the  separation  to  take  place  as  January  i,  1789,  instead 
of  September  i,  1787. 

John  Marshall's  letter  bearing  this  fact  reached  Danville 
while  the  convention  was  still  assembled.  It  is  needless 
Result  of  the  ^o  describe  the  disappointment  it  brought  the 
disappointment  Kcntuckians.  Virginia  had  acted  as  seemed 
to  her  right  ;  but  we  can  well  understand  how  her  long 
postponement  of  the  separation  might  have  appeared  to 
restless  men,  impatient  of  delay,  like  indifference  to 
their  sufferings.  Throughout  the  District,  there  was  a 
growing  resentment  towards  Virginia.  This  was  inflamed 
by  certain  ambitious  politicians,  notably  by  General  Wil- 
kinson. But  in  spite  of  the  passions  of  some,  reason  and 
dignity  controlled  the  meeting,  and  it  adjourned  submissive 
to  the  act  of  Virginia.  Another  convention  had  been 
ordered  for  the  following  September. 

Shortly  after  this,  another  incident  occurred  which  led 
to  further  distrust  of  Virginia's  good  feeling  toward  Ken- 
virginia  tucky  :    A    man    was    killed    by   Indians    in 

misunderstood  Lincoln  County.  Benjamin  Logan,  the  com- 
mandant of  that  county,  was  absent ;  but  his  brother 
quickly- raised  a  company  and  pursued  the  murderers  into 
Tennessee.  The  Indians  were  overtaken,  several  of  them 
were  slain,  and  the  horses  they  had  stolen  were  captured. 
On  pushed  the  victorious  Logan  and  his  men,  like  heroes 
of  the  Round  Table,  seeking  further  adventures.  They 
discovered  the  trail  of  another  band  of  Indians,  came  upon 
them,  killed  seven,  and  captured  their  horses  and  game. 


BEGINNING   OF  THE   STRUGGLE 


^7 


Now  it  happened  that  these  latter  were  peaceable  tribes 
living  under  a  treaty  with  the  United  States.  Intense 
wrath  consequently  prevailed  among  the  Indians.  They 
complained  to  the  governor  of  Virginia,  and  he  directed 
the  attorney-general  of  the  District,  Hary  Innes,  to  take 
the  necessary  steps  "  to  prevent  and  punish,  if  possible, 
all  unjust  violences."  As  this  very  reasonable  direction 
was  many  times  repeated  it  became  exaggerated.  Thus  it 
came  about  that  numbers  of  people  in  the  District  hon- 
estly believed  that  Virginia  had  commanded  them  not  to 
protect  themselves  from  the  barbarities  of  the  Indians. 
The  Kentuckians  were  now  about  to  enter  upon  a  trial 
that  would  reveal  their  character. 

RECAPITULATION 


Treaty  of  peace  not  fulfilled. 

Military  posts  in  the  Northwest  still 
held  by  Great  Britain. 

Fears  of  Indian  sieges  felt  in  Ken- 
tucky. 

The  Indians  are  aided  by  the  British. 

Kentucky's  dependent  position. 

Separation  from  Virginia  discussed. 

Miami  and  other  Indians  are  hostile. 

Lawless  Kentuckians  cause  trouble. 

Great  Indian  invasion  dreaded. 

Colonel  Logan's  called  meeting  of 
military  officers. 

They  order  an  election  of  delegates 
to  a  convention. 

First  convention  meets  at  Danville. 

Considers  separation  from  Virginia 
desirable. 

Another  convention  called. 

Second  convention  considers  separa- 
tion necessary,  and  prepares  a  pe- 
tition to  the  Virginia  Assembly. 


Wilkinson  prepares  the  address  to  the 
people. 

The  convention  shows  rare  cau- 
tion. 

Character  of  Kentuckians. 

A  third  convention  held. 

Virginia  passes  the  first  act  for  sepa- 
ration. 

The  act  not  satisfactory  to  many 
Kentuckians. 

Court  and  Country  parties. 

Wilkinson  advocates  illegal  separa- 
tion. 

Congress  allows  Kentucky  to  protect 
herself  from  Indian  inroads. 

Clark's  expedition  unsuccessful;  Lo- 
gan's successful. 

Fourth  convention  set  for  .Septem- 
ber, 1786. 

No  quorum  obtained. 

Meets  and  adjourns  every  day  until 
Tanuarv. 


68 


THE  STRUGGLE  FOR  INDEPENDENCE 


Too    late    then   to    comply   with    the 

conditions  of  the  act. 
Virginia  petitioned  to  alter  the  act. 
She  refuses,  but  passes  another  act. 
John  Marshall  informs  the  convention 

of  this  fact. 
Kentuckians  grievously  disappointed. 
Some  resent  Virginia's  course  toward 

Kentucky. 


The  convention  sul^mits. 

John  Logan's  expedition  causes  trou- 
ble. 

Virginia  forbids  all  unjust  violences 
towards  Indians. 

Virginia's  action  is  misunderstood  by 
many. 

Her  good  feeling  toward  Kentucky  is 
momentarilv  doubted. 


CHAPTER    VII 

THE    SPANISH   CONSPIRACY,    1786-1788 

The  southern  territory  of  the  United  States  extended  to 
the  31st  degree  of  latitude.  Below  this  line  the  Spanish 
still  held  the  dominion  they  had  exercised  since  the  dis- 
covery of  the  continent.  In  15 13,  Ponce  de  Spanish 
Leon  landed  on  the  southeastern  coast,  and  ^°°i*°i°°® 
claimed  in  the  name  of  the  Spanish  king  a  region  of  in- 
definite extent,  to  which  he  gave  the  name  of  Florida. 
Here  he  planted  a  short-lived  colony,  composed  of  men 
who  had  come  to  drink  of  the  fabulous  fountain  of  immor- 
tal youth.  Through  this  region  the  intrepid  and  ambitious 
De  Soto  had  led  his  deluded  followers  in  their  hopeless 
search  for  gold,  only  to  find  his  grave  in  the  Mississippi 
River.  Here  the  Huguenots  had  sought  refuge  from 
religious  persecutions  in  France,  and  here  Menendez  had 
established  the  first  permanent  Spanish  colony  at  St. 
Augustine,  in  1565,  years  before  the  I^nglish  had  settled 
at  Jamestown  "or  the  Pilgrim  Fathers  had  landed  at  Ply- 
mouth. It  was  a  land  of  warmth  and  beauty,  of  luxuriant 
vegetation,  of  stagnating  civilization.  Soon  the  vigorous 
Americans  were  to  drive  out  their  weaker  neighbors,  but 
not  before  the  Spanish  king  had  made  an  adroit  effort 
to   hold  and  increase   his   dominions   in  the   New  World. 

Spanish    possessions    lay  on  both   sides  of  the   Missis- 
sippi River.     The  United  States  demanded  the  right  to 

69 


70 


TIIK    STRUGCLK    FOR    IXI)P:PENL)ENCE 


navigate  that  river.  Spain  refused  to  concede  this  privi- 
lege. John  Jay,  of  New  York,  secretary  for  foreign 
Jay's  affairs,  was  most  anxious  to  conclude  a  treaty 

proposition  ^^-^j^  Spain.  Furthermore,  he  was  ignorant  of 
the  great  growth  of  the  Western  Country,  as  Kentucky  and 
the  neighboring  region  was  then  called. 
In  the  summer  of  1786,  he  went  before 
Congress  and  proposed  a  "  project " 
which  he  hoped  would  bring  about  the 
desired  treaty.  It  was  this  :  that  the 
United  States  should  agree  to  forbear 
to  navigate  the  Mississippi  below  the 
southern  boundary  for  twenty  or  thirty 
years.  To  this,  the  seven  northern 
States  voted  in  the  affirmative,  the  six 
southern  States,  in  the  negative ;  and 
Virginia  immediately  passed  resolutions  in  opposition  to 
the  proposition.  It  required  the  concurrence  of  nine 
States  to  carry  such  a  motion.  Nevertheless,  Mr.  Jay, 
acting  upon  the  decision  of  the  majority,  made  his  proposi- 
tion to  Gardoqui,  the  Spanish  minister;  but  it  was  rejected 
with  scorn. 

These  transactions  took  place  in  far-away  New  York. 
There  were  only  a  few  citizens  in  Kentucky  who  knew  of 
them  shortly  after  their  occurrence.  Most  of 
receptioif of  the  tbe  people  were  in  ignorance  of  the  truth  con- 
congress  '  ccrning  them.  The  action  of  Congress  was 
misrepresented.  Already  Wilkinson  had  done 
much  to  inflame  the  people  against  the  Federal  govern- 
ment. Excitement  in  the  District  was  rising  to  a  high 
degree.  There  was  no  other  way  of  transportation  except 
by  water.  Kentucky's  present  and  future  prosperity 
seemed    to    depend    upon    her   being    able    to    carry    her 


THE    SPANISH    COXSITRACY  7I 

products  on  the  Ohio  River  into  the  Mississippi,  and  thus 
to  the  markets  of  the  world.  It  was  a  subject  of  vital 
importance.  A  meeting  of  citizens  was  held  at  Danville 
in  May,  1787,  to  discuss  the  navigation  question. 

In  the  early  summer,  Wilkinson  gathered  together  all 
the  tobacco  and  other  products  he  could  buy,  and  went  to 
New  Orleans,  ostensibly  on  a  trading  expedi-  The  Spanish 
dition.  His  real  object,  however,  was  to  offer  <=°°^P>''*<^y 
his  services  to  Spain  in  order  to  restore  his  now  reduced 
fortune.  If  he  failed  in  this  effort,  his  intention  was  to 
turn  to  England  for  the  same  purpose.  At  New  Orleans, 
an  order  was  given  to  seize  his  cargo ;  but  the  cunning 
general  sought  an  interview  with  Miro,  the  Spanish  gov- 
ernor of  the  province.  He  explained  his  visit.  Then  he 
was  treated  with  the  utmost  courtesy.  He  was  allowed  to 
sell  his  goods,  for  which  a  high  price  was  paid ;  and  per- 
mission was  granted  to  him  to  ship  goods  to  New  Orleans 
for  sale. 

The  evidence  goes  to  prove  that  then  and  there  Wilkin- 
son sold  himself  to  Spain. ^  He  bound  himself  to  use  all 
the  influence  in  his  power  (and  that  influence  was  great) 
"to  obtain  the  separation  of  Kentucky  from  the  United 
States,  and  then  to  deliver  the  District  thus  separated  into 
the  hands  of  his  Majesty  the  King  of  Spain,  to  become  a 
province  of  that  power."  All  privileges  of  trade  were 
granted  to  Wilkinson,  in  order  that  he  might  prove  to  the 
people  of  Kentucky  the  advantages  they  would  obtain  by 
becoming  Spanish  subject.s.  A  large  sum  of  money  was 
now  advanced  to  him,  and  in  the  following  February  he 
returned  to  Lexington,  to  display  the  success  of  his  trading 
venture,  in  a  carriage  drawn  by  four  horses,  and  accom- 

^  77/1?  Spanish  Conspiracy.     By  Thomas  Marshall  Green. 


72 


THK    STRUCKiLK    H)R    INDKl'KXDKXCK 


panied  by  slaves  as  attendants.     He  gave  brilliant  balls, 
and  the  young  people  danced  and  praised  the  gallant  host ; 


Wilkinson's  Return  to  Lexington 


he  gave  fine  dinners,  and  in  the  midst  of  the  good  cheer 
and  flashing  conversation  the  older  men  applauded  the  cap- 
tivating politician. 

In  the  meantime,  a  most  notable  undertaking  had  been 
accomplished.  On  the  i8th  day  of  August,  1787,  John  and 
TheKentucke  Fielding  Bradford  issued  at  Lexington  the  first 
Gazet  e  _  newspaper  published  in  Kentucky,  and  the  sec- 
ond west  of  the  Alleghanies,  to  which  they  gave  the  name 
Kentuckc  Gazette.  Accustomed  as  we  are  to  a  multiplicity  of 
journals  containing  a  wide  range  of  information,  it  is  hard  for 
us  to  realize  the  general  satisfaction  and  rejoicing  occasioned 
by  the  appearance  of  this  meager,  quaint  little  sheet,  still 
reverently  preserved  in  the  public  library  at  Lexington. 


THE   SPANISH    CONSPIRACY 


73 


The  fifth  con 
vention 


During  Wilkinson's  absence,  the  fifth  convention  assem- 
bled, September  17,  1787.  It  held  a  quiet  session,  and  ad- 
journed submissive  to  the  act  of  Virginia,  after  having  pre- 
pared a  petition  to  Congress, 
in  which  the  31st  of  Decem- 
ber, 1788,  was  fixed  upon  as 
the  time  when  the  authority  of 
Virginia  over  Kentucky  should 
terminate.  .  The 
people  of  the  Dis- 
trict were  now  informed  of 
the  proceedings  of  the  con-  ^ 
vention  through  the  columns  S= 
of  the  Gazette. 

John     Brown     was     COmniis-  Early  Printing  Press 

sioned  to  present  to  Congress  Kentucky's  application 
for  admission  into  the  Confederation  of  States,  by  which 
name  the  thirteen    original    colonies    were    at 

r  11       1  T     1  -n.  11  r  T-.  J^*^"  BrOWn 

nrst  called.  John  Brown,^  the  son  of  a  Pres- 
byterian clergyman  of  Augusta  County,  Virginia,  had 
come  to  Kentucky  in  1783,  the  year  which  brought 
over  so  many  men  who  acted  important  parts  in  the 
public  affairs  of  the  period.  He  had  been  a  member 
from  the  District  in  the  Virginia  Senate,  and  was 
now  going  to  take  his  seat  in  Congress,  to  which 
he  had  just  been  appointed.  Unfortunately,  no  quorum 
in  Congress  was  obtained  until  late  in  January,  1788. 
Kentucky's  application  was  not  presented  until  the  29th 
of  February. 

From  the  opening  of  Congress  the  absorbing  interest  had 
been  the  question  of  the  adoption  of  the  new  Federal  consti- 


1  The  Political  Beginnings  of  Kentucky.     By  John  Mason  Brown. 


74  THE   STRUGGLE   FOR   INDEPENDENCE 

tution,  which  had  recently  been  prepared  and  off ered  to  the 
Constitution  several  States  to  be  voted  upon.  It  was  a  topic 
adopted  of  deep  importance.     If  this  constitution  were 

adopted, — its  supporters  wisely  foresaw,  —  a  new,  strong 
Union  would  be  established  in  place  of  the  old,  weak 
Confederation  then  existing.  No  attention  was  paid  to 
Kentucky's  application  until  the  end  of  May.  While 
Congress  was  slowly  considering  this  all-important  matter 
for  Kentucky,  news  was  received  that  New  Hampshire 
had  voted  in  favor  of  the  constitution.  Nine  States — • 
enough  to  cause  its  adoption  —  were  now  secured,  and 
Virginia  was  soon  to  add  her  ratification.  Of  the  Ken- 
tucky delegates  in  the  Virginia  Assembly  only  three  voted 
in  the  affirmative.  They  were  Robert  Breckinridge,  Rice 
Bullock,  and  Humphrey  Marshall. 

In  Kentucky  the  new  constitution  did  not  meet  with 
hearty  acceptance.  This  fact  was  due  to  a  misapprehen- 
The  Political  ^^^^  ^f  the  situation.  The  people  were  afraid 
ci"**  that  if  a  stronger  central  government  were  es- 

tablished, their  right  to  the  navigation  of  the  Mississippi 
would  be  bartered  away  in  order  to  secure  a  treaty  with 
Spain.  The  different  points  contained  in  it  were  freely 
discussed,  night  after  night,  at  the  meetings  of  the  Politi- 
cal Club,  an  organization  that  was  founded  in  Danville 
in  1786,  and  existed  until  1790.  Many  of  the  prominent 
citizens  of  the  neighborhood  were  members  of  the  club, 
and  matters  of  vital  interest  to  the  District  were  considered 
by  them  with  an  ability  that  proves  the  Kentuckians  of 
that  time  to  have  been  a  remarkable  people.  The  minutes 
of  the  club,  which  were  carefully  preserved  by  the  secre- 
tary, Thomas  Speed,  have  recently  been  published. 

^   The  Political  Club.     By  Thomas  Speed.     Filson  Club  Publication  No.  9. 


THE   SPANISH   CONSPIRACY  75 

As  the  new  constitution  was  now  adopted,  the  Congress 
of  the  old  Confederation,  then  in  session,  resolved  that  it 
had  no  authority  to  act  upon  the  application  ^ppii^jation  re- 
of  Kentucky.     It  was  therefore  referred  to  the  ferredtonew 

•  ■.  •  r       1  ^        ^u       Congress 

consideration  of  the  new  government.  1  he 
resolutions  were  conveyed  to  the  sixth  convention,  assem- 
bled at  Danville,  July  28,  1788.  About  the  same  time,  a 
letter  was  received  by  Judge  Samuel  McDowell,  the  presi- 
dent of  the  convention,  from  John  Brown,  the  congress- 
man, which  contained  information  concerning  the  act  of 
Congress,  and  also  an  account  of  an  interview  Brown  had 
had  with  Gardoqui,  the  Spanish  minister.  In  this  conver- 
sation the  Spaniard  had  "  stated  that  if  the  people  of 
Kentucky  would  erect  themselves  into  an  independent 
State  and  appoint  a  proper  person  to  negotiate  with  him, 
he  had  authority  for  that  purpose,  and  would  enter  into 
an  arrangement  with  them  for  the  exportation  of  their 
produce  to  New  Orleans  on  terms  of  mutual  advantage." 

It  is  not  surprising  that  the  acts  of  Congress  created  the 
utmost  disappointment  in  Kentucky,  after  the  tedious,  now 
useless  efforts  which  had  been  made  to  obtain  Three  classes 
independence.  They  did  more, — they  height-  "i  Kentucky 
ened  the  resentment  of  some  of  the  people,  and  increased 
their  doubt  of  the  good  disposition  of  the  central  govern- 
ment toward  them.  The  northern  States  had  been  indif- 
ferent to  the  welfare  of  the  Western  Country,  and  there 
were  many  disinterested  though  unwise  men  in  Kentucky, 
who  were  exasperated  at  the  slow  action  of  Congress  in 
their  affairs.  Recognizing  the  necessity  of  the  District's 
becoming  an  independent  State,  and  the  value  of  the  per- 
mission to  navigate  the  Mississippi  River,  they  were  will- 
ing to  resort  to  revolutionary  means  in  order  to  obtain 
these  advanta2"es.     But    there   were    others  who    had    no 


jG  THE   STRUGGLE   FOR   INDEPENDENCE 

thought  of  the  good  of  the  community,  and  acted  solely 
from  selfish  interest.  Whatever  conflicting  views  may  be 
held  regarding  the  motives  of  some  during  this  most  con- 
fusing period,  there  can  be  no  doubt  of  the  falsity  of  Wil- 
kinson and  Sebastian,  —  they  are  self-convicted.  There 
was  another  class,  to  whom  too  much  honor  cannot  be 
given,  —  those  who  in  the  midst  of  the  excited  passions  of 
the  time  remained  loyal  to  the  government  of  the  United 
States.  The  two  former  classes  belonged  to  the  Court 
party ;  the  latter,  to  the  Country  party. 

Still  that  controlling  spirit  of  wise  moderation  (which 
has  been  pointed  out  in  the  second  chapter  of  this  period) 
Temper  of  the  ^^^^  ^^^  Convention  back  from  any  rash  act. 
sixth  conven-  Howevcr,  as  an  outgrowth  of  the  prevailing 
excitement,  it  called  for  the  election  of  dele- 
gates to  a  seventh  convention,  who  should  be  empowered 
"  to  do  and  accomplish  whatever,  on  a  consideration  of 
the  state  of  the  District,  may  in  their  opinion  promote  its 
interest."  Now  was  Wilkinson's  opportunity  to  lead  the 
people  to  believe  that  it  would  "  promote  their  interests  " 
to  become  Spanish  subjects ;  but  like  all  schemers  he 
worked  slyly,  never  openly. 

Before  the  election  of  delegates  to  the  seventh  conven- 
tion, George  Muter,  chief  justice  of  the  District,  published 
Judge  Muter's  ""1  the  Gazette  an  address  to  the  people.  He 
address  proved  that  they  had  no  authority  to  act  for 

themselves  independently  of  Virginia,  and  that  by  so  doing 
they  would  be  guilty  of  treason.  He  pointed  out  the  evi- 
dent meaning  of  the  resolution  of  the  late  convention.  He 
showed  that  it  clearly  gave  to  the  delegates  of  the  next 
convention  power  to  treat  with  Spain  to  obtain  the  naviga- 
tion of  the  Mississippi.  He  proved  that  such  action  would 
be  contrary  to  the  Federal  constitution,  and  he  therefore 


THE   SPANISH    CONSPIRACY  JJ 

suggested  to  the  people  of  Fayette  County  that  they  should 
instruct  their  next  delegates  not  to  agree  to  frame  a  con- 
stitution and  form  of  government  without  first  obtaining 
the  consent  of  the  Virginia  legislature  and  not  to  make 
any  application  for  the  navigation  of  the  Mississippi  other 
than  to  the  legislature  of  Virginia  or  to  the  Congress  of 
the  United  States. 

This  had  the  desired  effect.  The  contest  in  the  other 
counties  was  quiet ;  but  in  Fayette  it  was  attended  by  great 
excitement.  As  usual,  the  election  lasted  five  The  Fayette 
days.  It  became  evident  that  the  Country  election 
party  was  going  to  be  completely  victorious.  The  ever 
adroit  Wilkinson,  one  of  the  candidates  of  the  Court  party, 
perceived  the  situation,  and  promptly  announced  that  he 
would  be  guided  in  voting  in  the  convention  by  the  wishes 
of  his  constituents.  This  promise  and  his  great  popularity 
secured  his  election,  while  his  associates  were  defeated. 
The  other  four  delegates  chosen  were  John  Allen,  Colonel 
Joseph  Crockett,  Colonel  Thomas  Marshall,  and  Judge 
Muter. 

The  seventh  convention  assembled  November  4,  1788. 
The  most  vital  question  in  the  life  of  Kentucky  was  about 
to  be  decided :  whether  she  should  determine  seventh 
to  submit  to  the  recent  act  of  Congress  and  convention 
take  the  necessary  legal  steps  to  obtain  her  separation 
from  Virginia  and  admittance  into  the  Union,  or  whether 
she  should  determine  to  separate  herself  illegally  from 
Virginia  and  erect  herself  into  an  independent  State.  If 
the  latter  course  were  followed,  the  Spanish  government 
had  a  good  chance  to  obtain  control  of  Kentucky. 

The  forces  in  the  convention  were  drawn  up  against 
each  other.  Let  it  not  be  supposed,  however,  that  all 
those  who  favored  violent  separation  from  Virginia  knew 


yS  11  IK   STRUG(JLK    FOR    INDEPENDENCE 

of,  or  sympathized  with,  Wilkinson's  scheme  to  make 
Kentucky  a  Spanish  province.  At  the  outset  a  discussion 
arose  as  to  the  power  which  the  convention  possessed. 
The  Court  party  contended  that  it  had  all  power  necessary 
to  frame  a  constitution,  to  declare  the  District  independent, 
etc.  The  Country  party,  on  the  contrary,  strongly  opposed 
every  argument  of  this  nature. 

Upon  the  day  following  this  discussion  Wilkinson  made 
a  speech  before  the  convention.  He  dwelt  feelingly  upon 
Wilkinson's  the  dangers  of  Indian  hostilities,  and  described 
speech  brilliantly  the  advantages  of  the  navigation  of 

the  Mississippi  River,  and  pointed  out  the  inability  of  Con- 
gress to  obtain  for  Kentucky  this  benefit.  He  openly 
advocated  the  violent  separation  of  Kentucky  from  Vir- 
ginia ;  but  he  only  hinted  at  his  real  scheme,  —  to  deliver 
Kentucky  when  thus  separated  into  the  hands  of  the 
Spanish  government.  And  all  the  while  he  watched  the 
faces  of  his  hearers  to  see  what  effect  his  adroit  sugges- 
tions would  have  upon  them.  If  he  discovered  satisfac- 
tion on  their  countenances,  he  would  go  further  and  declare 
his  plan ;  if  he  discovered  disapproval,  he  had  not  com- 
mitted himself  in  words,  and  he  could  yet  retreat. 

The  majority  of  the  convention  were  not  only  indisposed 
to  listen  to  any  overtures  from  Spain,  but  the'y  were  de- 
Loyaityofthe  cidcdly  loyal  to  the  government  of  the  United 
convention  States,  and  opposed  to  an  illegal  separation 
from  Virginia.  Wilkinson  misunderstood  the  Kentuckians. 
They  applauded  his  showy  oratory,  but  they  were  independ- 
ent in  action  and  stanch  in  principle.  They  were  thor- 
oughly aroused  to  an  appreciation  of  the  dangers  which 
might  arise  from  their  dependent  position,  and  of  the  fatal 
results  of  the  Mississippi  being  closed  to  them.  And  yet 
they  nobly  resisted  the  temptation  of  benefits  offered  to 


THE    SPANISH    CONSPH-IACV  79 

them  by  Spain,  and  remained  loyal  to  the  country  lor 
which  they  had  fought,  and  had  been  ready  to  give  their 
lives. 

In  the  revulsion  of  feeling  created  by  the  sentiments 
thus  boldly  advocated  by  Wilkinson  a  resolution,  offered 
by  John  Edwards  and  seconded  by  Thomas  Turning  point 
Marshall,  was  agreed  to,  which  proved  to  be  ^^  ^^^  contest 
the  turning  point  in  the  contest.  The  resolution  provided 
for  the  appointment  of  "  a  committee  to  draw  up  a  decent 
and  respectful  address  to  the  people  of  Virginia,  for  ob- 
taining the  independence  of  the  District  of  Kentucky 
agreeable  to  the  late  resolutions  and  recommendations  of 
Congress." 

But  even  after  this  decisive  indication  of  the  loyal  feel- 
ing of  the  convention  had  been  given,  other  efforts  were 
made  by  the  opposite  faction  to  carry  their 
object.     Before  the  "decent  and   respectful"  of  the  court 
address  was    accepted,   Wilkinson    offered    a 
resolution  that  a  committee  be  appointed  to  draft  an  ad- 
dress to  the  good  people  of  the  District  urging  them  to 
furnish  the  convention  at  its  next  session  with  instruction 
how  to  proceed  in  this  important  subject  of  an  indei:)endent 
government. 

This  resolution  was  adopted,  greatly  to  the  fears  of  tliig^ 
party  opposing  illegal  separation.  Whereupon,  Colonel 
Crockett,  lately  an  officer  of  the  Revolution  patriotism 
and  a  stanch  adherent  of  the  Union,  left  the  t"umphs 
convention  and  hastened  to  Fayette  County.  He  returned 
in  two  days,  having  oGtained  the  signatures  of  several 
hundred  citizens  who  were  opposed  to  an  illegal  separa- 
tion. Wilkinson,  who  had  given  his  promise  to  be  guided 
by  the  will  of  his  constituents,  was  obliged  to  submit. 
Patriotism  carried  the  day.      The  address  to  the  Virginia 


8o 


THE   STRUGGLE   FOR   INDEPENDENCE 


Assembly  was  accepted,  and  the  convention  adjourned  to 
meet  again  the  following  July. 

This  was  the  crisis  in  the  life  of  Kentucky.    It  has  been 

dwelt  upon  thus  at  length  because  no  other  event  in  her 

history  so  clearly  reveals  the  character  of  the 

Loyalty  -^  ■' 

characteristic  people.  Let  every  one  who  studies  this  subject 
en  uc  y  x^^^w  that  in  the  midst  of  high  excitement  the 
Kentuckians  acted  deliberately  and  soberly ;  in  the  midst 
of  strong  temptations  they  acted  wisely  and  patriotically. 
Let  him  also  learn  that  in  Kentucky  every  individual  has 
weight.  Although  Wilkinson  did  not  abandon  his  scheme 
to  separate  Kentucky  from  the  United  States,  and  although 
his  friend,  Sebastian,  after  this  received  a  pension  from 
Spain  for  his  efforts  in  that  work,  yet  there  was  no  further 
danger  that  Kentucky  would  become  disloyal  to  the  Union. 


RECAPITULATION 


Spanish  possessions  in  America. 

Spain  desires  to  hold  the  region. 

Owns  both  sides  of  the  Mississippi 
below  the  31st  degree  of  latitude. 

Refuses  navigation  to  the  Ameri- 
cans. 

"Jay's  project." 

Action  of  Congress  on  the  subject 
misunderstood. 

The  navigation  necessary  to  Ken- 
tucky's prosperity. 

Excitement  in  the  District. 

Meeting  (if  citizens  at  Danville. 

Wilkinson  goes  to  New  Orleans. 

Allies  himself  with  Spain. 

Right  of  trade,  etc.,  granted  him. 

He  returns  in  state  to  impress  the 
people. 

Kenttuke  Gazette  established. 

Fifth  convention  holds  a  quiet  session. 


Fixes  the  time  for  separation. 

Proceedings  published  in  the  Gazette. 

John  Brown,  congressman  of  the  Dis- 
trict. 

He  presents  Kentucky's  petition. 

Congress  is  absorbed  in  other  mat- 
ters. 

Pays  no  attention  to  the  petition. 

New  Federal  constitution  adopted. 

The  petition  is  brought  before  the 
old  Congress. 

Is  referred  to  the  new  Congress. 

The  sixth  convention  is  informed  of 
this  fact. 

Brown's  letter  to  McDowell. 

Gardoqui's  proposition  to  Kentucky. 

Kentucky  distracted  because  of  her 
situation. 

Two  classes  in  the  Court  party. 

The  Country  party  loyal. 


THE   SPANISH   CONSPIRACY 


Wilkinson  and  Sebastian. 
The  convention  moderate  in  action. 
Dangerous  resolutions  are  adopted. 
Muter's  card  points  out  the  meaning 

of  the  resolutions. 
Effect  upon  the  election  in  Fayette 

County. 
Wilkinson's  promise  and  election. 
The  vital  question  before  the  seventh 

convention. 
Illegal  separation  advocated. 

KENT.   HIST.  —  6 


Wilkinson's  adroit  speech. 

Convention  opposed  to  his  sugges- 
tions. 

Contrary  resolutions  carried. 

Wilkinson's  further  effort. 

Crockett's  petition  from  Fayette 
County. 

Wilkinson  obliged  to  submit. 

Victory  of  the  loyal  party. 

Kentucky's  sober  conduct. 

The  people  control. 


CHAPTER   VIII 

THE    END   OF   THE    STRUGGLE,    1 788-1 792 

Still  the  struggle  for  statehood  was  not  ended.  No- 
where was  there  any  official  opposition  to  Kentucky's  be- 
statehood  not  coming  an  independent  member  of  the  Union, 
yet  attained  neither  within  the  District,  in  the  Virginia 
Assembly,  nor  in  the  Congress  of  the  United  States.  And 
yet,  by  some  strange  enchantment,  it  seemed  impossible  to 
accomplish  the  desired  end.  The  fruitless  conventions  have 
been  compared  to  "  the  card  edifices  of  children  which  are 
no  sooner  erected  than,  at  a  breath,  they  are  destroyed." 

No  parallel  occurs  in  history  of  such  exasperating,  need- 
less delay  in  a  worthy  cause.  The  annals  of  history  may 
be  searched  in  vain,  also,  to  find  a  parallel  to  the  patience 
with  which  the  high-spirited  Kentuckians  bore  these  trials, 
and  to  the  loyalty  which  they  cherished  toward  the  govern- 
ment of  their  country.  Kentucky's  situation  was  isolated  ; 
but  the  deep  excitement  which  prevailed  in  the  District 
concerning  the  separation  and  the  navigation  of  the  Mis- 
sissippi was  known  abroad. 

In  the  autumn  of  1788,  Dr.  John  Connolly  appeared  in 
Kentucky.  He  was  the  same  Connolly  for  whom,  in  1773, 
British  lands  had  been  surveyed  at  the  Falls  of  the 

intrigue  Ohio,  where  the  city  of  Louisville  now  stands. 

He  announced  that  he  came  to  look  after  these  lands,  of 
which  he  had  been  deprived  because  he  was  a  Tory.  But  in 
reality  he  was  a  British  agent.     His  mission  was  to  induce 

82 


THE   END   OF  THE   STRUGGLE  83 

Kentucky  to  withdraw  from  the  Union  and  to  throw  her- 
self upon  the  protection  of  Great  Britain,  who  would  assist 
her  with  troops,  ammunition,  etc.,  to  take  possession  of 
New  Orleans,  and  thus  to  force  the  navigation  of  the 
Mississippi  from  Spain  by  arms. 

The  fertile  Kentucky  country  and  the  vast  West  con- 
nected with  it  were  objects  of  desire  to  foreign  kingdoms. 
Already  it  had  been  known  to  the  people  of  the  District 
that  Great  Britain  stood  ready  with  open  arms  to  receive 
them.  Connolly  visited  many  prominent  men  in  Louisville, 
and  then  went  to  Fayette  County,  where  he  held  an  inter- 
view with  Colonel  Thomas  Marshall,  a  few  days  after  the 
exciting  seventh  convention  (November,  1788).  But 
Marshall  was  strongly  attached  to  the  Federal  government 
and  a  friend  of  Washington,  the  President  elect  of  the 
United  States.  Dr.  Connolly  met  with  no  encouragement, 
and  the  British  intrigue  came  to  an  end. 

Still  other  acts  w^ere  to  be  passed  by  the  Virginia  legisla- 
ture, and  further  conventions  held  in  Kentucky,  before  the 
weary  work  of  separation  was  over.  The  eighth  other  conven- 
convention,  which  assembled  July  20,  1789,  ^^°^^ 
objected  to  certain  points  in  the  third  act  of  Virginia.  A 
fourth  act  was  then  passed.  To  this,  the  ninth  conven- 
tion, assembled  July  26,  1790,  agreed,  and  fixed  the  ist 
day  of  June,  1792,  as  the  date  when  the  separation  should 
take  place.  This  convention  called  for  the  election  of 
delegates  to  a  tenth  convention. 

Other  acts  regarding  Kentucky  were  also  passed  by  the 
Virginia  legislature  about  this  time.  One  sixth  part  of 
the  surveyors'  fees,  formerly  paid  to  William  ^ 

and  Mary  College  (Virginia),  were   ordered  to  the  Virginia 

1  •  1  T-  1  •      r-         •  All         Assembly 

be  paid  to   1  ransylvania  Seminary.     Also  the 

county  of  Woodford  was  established,  the  last  of  the  nine 


84  I'lIE   STRUGGLE   FOR   INDEPENDENCE 

formed  while  Kentucky  was  a  District.  They  were  in 
order:  Fayette,  Jefferson,  Lincoln,  Nelson,  Bourbon, 
Mercer,   Madison,   Mason,  and  Woodford. 

The  last  towns  established  during  the  colonial  period 
were  Bardstown  and  Hopewell.  The  latter  was  settled 
as  Houston's  Station,  in  1776.  In  1790,  the  name  was 
changed  to  Paris.  To-day  it  is  the  thriving  center  of  the 
wealthy  county  of  Bourbon.  Many  prominent  men  lived 
in  and  about  Bardstown  in  the  early  times.  There,  in  the 
cemetery,  is  the  grave  of  poor  John  Fitch  (bearing  the 
date  of  his  death,  1798),  whose  name  is  so  pathetically 
connected  with  the  invention  of  the  steamboat.  The  town 
and  surrounding  neighborhood  were  settled  largely  by 
Maryland  Catholics  at  the  close  of  the  Revolution.  They 
were  people  of  culture,  and  they  have  held  the  region  to 
the  present  day,  planting  in  it  their  institutions  of  learn- 
ing and  religion.  Thither  fled  Trappist  monks  from 
France,  who  founded  the  "  Home  of  the  Silent  Brother- 
hood." Near  by  the  pious  Sisters  of  Loretto  dwell  in 
their  convent  of  the  Stricken  Heart. 

The  Presbyterians  in  Kentucky  have  already  been  dwelt 
upon.  The  Baptists  entered  Kentucky  in  the  very  begin- 
Eariy  religious  ^^^S  ^f  its  Settlement.  The  Rev.  William 
denominations  Hickman  preached  here  as  early  -as  1776; 
but  it  was  not  until  1781  that  there  existed  an  organized 
church.  In  September  of  that  year,  the  Rev.  Lewis 
Craig,  and  most  of  his  congregation,  left  Spottsylvania 
County,  Virginia,  for  Kentucky.^  As  they  traveled,  they 
stopped  occasionally  on  the  way  to  hold  regular  services. 
Thus  they  entered  the  District   as   an   organized  church. 

^  Other  immigrants  had  attached  themselves  to  the  expedition.  There 
were  in  all  between  five  and  six  hundred.  The  Traveling  Church,  by  George 
W.  Ranck. 


THE   END   OF   THE   STRUGGLE 


85 


The  next  in  point  of  time  were  the  Methodists,  whose 
evangehstic  spirit  early  led  them  forth  to  preach  the  Gos- 
pel in  the  new  country.  The  Episcopalians  had  no  church 
until  many  years  after  the  District  had  become  a  State. 
That  large  and  ever  increasing  denomination  known  under 
the  broad  appellation  the  Christian  church  had  not  yet 
taken  its  rise. 

Again  the  depressing  account  of  Indian  depredations 
must  be  continued.  The  people  of  the  District  had  left 
the  protection  of  the 
forts,  and  were  now  liv- 
ing in  separated  homes. 
The  Indians  no  longer 
came  in  large  numbers, 
but  small  parties  would 
fall  upon  and  murder 
Indian  single     indi- 

depredations        ^iduals,        Or 

several  traveling  to- 
gether. Men  hunting 
game  for  their  families 
were  attacked.  Men  and 
women  calmly  going  to 
church   were    killed    or 

captured.      Tragedies  Captured  on  the  way  to  church 

upon  the  Ohio  River  were  especially  frequent.  Boats 
bearing  travelers  from,  or  settlers  into,  the  District  were 
seized,  and  the  occupants  were  subjected  to  the  most  cruel 
tortures.  Far  and  wide  rang  the  cry  of  these  distressing 
facts.  Complaints  were  made  to  the  President  of  the 
United  States  and  to  the  secretary  of  war.  In  answer, 
the  President  assured  the  people  that  measures  for  their 
protection    v/ould   be    taken ;    and    the   secretary   of  war 


86 


THE  STRUGGLE  FOR  INDEPENDENCE 


authorized    the   county  lieutenants  to    call    out   scouts   to 
ofuard  the  frontier. 


Kentucky  Captives 


At  last  the 
government  of  the  United 
States  had  learned  that 
treaties  with  Indians  were 
of  no  avail,  and  that  the  only  way  to  subdue  them  was  to 
carry  war  home  to  them  in  their  own  country.  General 
Harmar  was  now  placed  at  the  head  of  three  hundred  and 


THE    END    OF   THE   STRUGGLE  87 

twenty  regulars  of  the  United  States  army.  Soon  a  force 
amounting  to  more  than  eleven  hundred  volunteers  was 
collected  in  Kentucky,  under  Colonel  John  Hardin.  These 
troops  assembled  at  Fort  Washington  (where  Cincinnati  now 
stands),  September  30,  1790,  and  marched  to  Harmar's 
the  towns  of  the  Miami  Indians.  Harmar  had  ^^^^^^ 
been  an  officer  in  the  Revolution ;  but  he  seems  to  have 
lost  his  military  ability  upon  this  expedition.  He  might 
have  overawed  and  conquered  the  Indians  by  meeting 
them  with  his  whole  body  of  troops.  But  instead  of  doing 
this,  twice  he  sent  out  small  detachments,  each  time  under 
the  command  of  Colonel  Hardin,  and  each  time  these  were 
surprised  and  almost  completely  destroyed ;  while  not  far 
away,  the  larger  portion  of  the  army  remained  calmly  in 
camp.  Harmar's  defeat  lost  him  his  reputation,  and  made 
the  Indians  exultant  and  consequently  more  murderous 
toward  the  Kentuckians. 

Between  the  years  1783  and  1790,  about  fifteen  hundred 
persons  had  been  killed  or  taken  captive  within  the  Dis- 
trict, or  on  their  way  to  it.  Further  efforts  Local  Board  of 
were  made  to  stop  such  tragedies.  A  local  ^^^ 
Board  of  War  was  appointed  by  Congress,  which  should 
have  charge  of  the  protection  of  the  District.  The  men 
chosen  for  this  position  of  trust  were  Colonel  Isaac  Shelby, 
the  man  who  had  turned  the  tide  at  Point  Pleasant, 
and  who  had  planned  the  scheme  of  attack  which  led  to 
the  decisive  victory  at  King's  Mountain  ;  General  Charles 
Scott,  also  a  tried  officer  of  the  Revolution ;  Hary  Innes, 
formerly  attorney-general  of  the  District,  now  judge  of  the 
Federal  court;  Congressman  John  Brown;  and  Benjamin 
Logan,  well  known  to  us  as  a  pioneer. 

About  this  time  General  Arthur  St.  Clair,  then  governor 
of  the  Northwestern  Territory,  was  appointed  commander 


88  THE   STRUGGLE   FOR   INDEPENDENCE 

in  chief  of  the  army  of  the  Northwest.  Another  expe- 
dition against  the  Miami  Indians  was  planned.  As  a 
preparation  for  this  serious  undertaking  two  g^.  ciair's  ap- 
small,  but  successful,  expeditions  against  the  pointment 
Wabash  Indians  were  arranged  by  the  local  Board  of 
War,  —  the  first  under  General  Charles  Scott,  the  second 
led  by  Colonel  James  Wilkinson.  Their  object  was  to 
subdue  these  Indians,  so  that  they  would  not  aid  the 
Miami  tribes.  General  St.  Clair's  appointment  was  not 
agreeable  to  the  Kentuckians.  While  he  was  an  honor- 
able man  and  a  brave  ofificer,  he  was  old  and  infirm,  and 
altogether  unfitted  for  the  projected  campaign  against  the 
most  formidable  of  Indian  confederations.  No  volunteers 
offered  in  Kentucky.  Therefore,  one  thousand  unwilling 
men  were  drafted  and  placed  under  the  command  of 
Colonel  William  Oldham.  Many  of  these  deserted  before 
reaching  their  destination. 

St.  Clair  was  not  aided  by  the  government  as  he  might 
have  been.^  By  the  day  of  the  battle  not  more  than  four- 
teen hundred  men  remained  g^  fair's  de- 
in  his  army.  Of  these  only  *^^t 
a  small  portion  were  regulars.  The  rest 
were  dissatisfied,  undisciplined  troops, 
with  whom  a  very  capable  leader  would 
have  found  victory  difficult.  With  St. 
Clair  defeat  was  inevitable.  On  the  3d 
of  November,  1791,  the  army  was  en- 
Arthur  St.  Clair  camped  on  the  eastern  fork  of  the 
Wabash  River.  During  the  afternoon  and  evening, 
Indians  were  discovered  in  the  vicinity,  and  were  fre- 
quently   shot    at   by   the    sentinels.     St.   Clair    had    been 

1  Si.  Claires  Defeat.     By  Hon.  Theodore  Roosevelt.     Harper's  Magazins, 
February,  1896. 


THE   END   OF   THE   STRUGGLE  89 

expressly  warned  by  Washington  against  a  surprise,  and 
yet  he  made  no  preparation  for  an  attack.  Consequently, 
just  after  sunrise,  the  next  morning,  when  the  Indians 
opened  fire  upon  the  army,  there  was  the  old  story  of  a 
surprise,  with  all  the  panic  and  slaughter  which  usually 
follow.  St.  Clair  and  General  Richard  Butler,  the  second 
in  command,  courageously  tried  to  rally  their  men,  but  in 
vain.  The  Indians  were  so  hidden  by  the  smoke  of  the 
artillery  of  the  whites  that  they  could  not  be  seen.  They 
seemed  suddenly  to  spring  out  of  the  earth  to  shoot  down 
the  foe,  and  then  to  disappear.  Most  of  the  officers 
(among  them.  General  Butler)  were  killed,  and  about  two 
thirds  of  the  army.  Then  only  one  thought  inspired  the 
rest,  —  every  man  made  a  mad  rush  to  save  his  own  life, 
and  the  Indians  followed  in  close  pursuit. 

The  previous  February,  the  Congress  of  the  United 
States  had  agreed  to  admit  Kentucky  into  the  Union  as 
an  independent  State,  June  i,  1792.  Accord-  constitutional 
ingly,  April  3,  1792,  the  tenth  and  last  conven-  convention 
tion  assembled  at  Danville,  as  usual,  to  form  a  constitution 
for  the  new  Commonwealth.  The  convention  was  com- 
posed of  five  delegates  from  each  of  the  nine  counties  then 
existing.  The  majority  of  them  were  very  able  men  ;  many 
of  them  had  served  repeatedly  in  former  conventions.  The 
constitution  was  modeled  after  the  recently  launched  Fed- 
eral constitution. 

The  government  was  organized  under  three  heads,  — 
legislative,  executive,  and  judicial.  The  legislative  power 
was  vested  in  a  General  Assembly,  consisting  Features  of  the 
of  a  Senate  and  a  House  of  Representatives,  constitution 
The  senators  were  chosen  for  four  years  by  a  college 
of  electors.  The  representatives  were  chosen  for  one 
year,   and    were    elected    by  the    people.     The    executive 


90 


THE  STRUGGLE  FOR  INDEPENDENCE 


power  was  vested  in  a  governor,  who  was  likewise  chosen 
for  four  years  by  the  college  of  electors.  The  judicial 
power  was  vested  in  a  supreme  court  and  inferior  courts, 
which  the  legislature  might  from  time  to  time  establish. 
The  judges  of  the  supreme  court  and  of  the  inferior  courts 
were  nominated  with  the  consent  of  the  Senate,  were  ap- 
pointed by  the  governor,  and  held  office  during  good 
behavior.  Elections  were  made  by  ballot,  and  the  right 
of  suffrage  was  granted  to  every  free  male  white  inhabi- 
tant of  the  State,  of  the  proper  age,  who  had  not  been  dis- 
franchised by  conviction  of  crime.  Ministers  were  not 
allowed  to  hold  any  legislative  office.  No  point  in  the 
document  is  more  worthy  of  note  than  the  fact  that  com- 
merce in  slaves  was  prohibited.  While  the  provision  was 
made  that  the  legislature  could  not  emancipate  slaves 
without  the  consent  of  their  owners,  yet  the  power  was 
given  to  that  body  to  force  the  owners  of  slaves  to  provide 
properly  for  them,  and  to  treat  them  with  humanity. 

"  Immediately  after   the   adoption   of   the    constitution, 
Colonel  Isaac  Shelby  was  elected  governor.     In  him  the 

State  secured  an  admi-  , 

Isaac  Shelby, 

rable  chief  magistrate,  the  first 
The  people  could  not  s°'*'^'"'^°'' 
have    chosen    better.     He 


was  a 
Marylander,  who  became,  in  his 
early  manhood,  a  citizen  of  what 
is  now  Tennessee  (then  a  part  of 
North  Carolina).  He  did  brilliant 
service  in  the  battle  of  Point 
Pleasant,  in  October,  1 774.  After- 
wards, in  North  Carolina,  he 
played  a  most  gallant  part  in  small 
expeditions,  but  especially  in  remedying  the  ruin  that  the 


Isaac  Shelby 


THE   END   OF  THE   STRUGGLE 


91 


defeat  of  Gates  at  Camden  brought  upon  the  continental 
cause.  When  others  were  appalled  by  the  magnitude  of 
this  disaster,  Shelby  seemed  to  awake  to  a  full  sense  of 
his  really  great  military  power.  He  saved  a  little  army 
he  then  commanded,  and  secured  a  large  number  of 
prisoners  in  his  hands  by  a  swift  march  to  the  west  into 
the  recesses  of  the  Blue  Ridge  Mountains.  Then,  when 
he  had  disposed  of  his  captives,  he  turned  upon  the  famous 


Battle  of  King's  Mountain 

Ferguson,  and  by  the  well-conceived  and  admirably  exe- 
cuted move  on  King's  Mountain,  destroyed  the  force  of 
that  able  commander  at  a  single  blow.  Although  Shclbv 
was  not  in  name  the  chief  in  this  action,  there  is  no  reason 
to  doubt  that  the  conception  of  the  campaign  and  the 
vigor  of  its  execution  were  his  alone.  His  also  was  the 
scheme  of  attack  which  led  to  the  battle  of  Cowpens.  He 
went   to    Kentucky   in   1783,  where   he    married    and    re- 


92 


THE   STRUGGLE   FOR   INDEPENDENCE 


mained,  taking  part  in  the  early  struggles  for  emancipa- 
tion from  Virginia's  control.  As  brave  in  action  as  he  was 
wise  in  council,  his  choice  as  the  first  governor  was  an 
honor  and  a  blessing  to  the  young  Commonwealth."  ^ 


RECAPITULATION 


Statehood  not  yet  attained. 

The  fact  known  abroad. 

A  British  agent  sent  to  Kentucky. 

The  bribe  ready  for  Kentucky. 

The    intrigue    disclosed    to    Colonel 

Thomas  Marshall. 
The  end  of  the  intrigue. 
Eighth  convention  rejects  the   third 

act  of  Virginia. 
Ninth  convention  agrees  to  the  fourth 

act. 
Date  for  separation  fixed. 
Tenth  convention  called. 
The  counties  of  the  colonial  era. 
Hopewell  established. 
Bardstown  established. 
Roman  Catholic  occupation. 
Baptists  in  Kentucky. 
"The  Traveling  Church." 
The  Methodists. 
Other  denominations. 
Troubles  from  Indians  again. 


Treaties  with  Indians  of  no  avail. 
An    expedition    against   the    Miamis 

planned. 
Force  sent  from  Kentucky. 
Harmar's  defeat. 

Indians  more  belligerent  than  ever. 
Local  Board  of  War  appointed. 
St.  Clair's  appointment. 
Dissatisfaction  of  Kentuckians. 
Kentucky  troops  are  drafted. 
Expedition  against  the  Miami  Indians. 
St.  Clair's  overwhelming  defeat. 
Kentucky  admitted  into  the  Union. 
Tenth  convention. 
State  constitution  framed. 
Resembles  the  Federal  constitution. 
Legislative,    executive,    and    judicial 

powers. 
Commerce  in  slaves  prohibited. 
Isaac  Shelby  chosen  governor. 
His  military  and  civil  services  and  iit- 

ness  for  the  position. 


^  The  above  quotation   is  taken  from    Professor    Shaler's   scholarly  study 
Kenhuky  in  the  American  Commonwealth  Series. 


—  FOUNDING    OF    THE    COMMON- 
WEALTH,   1792-1850 


CHAPTER    IX 

ORGANIZATION   OF  THE   GOVERNMENT,    1 792-1 796 

The  years  of  weary  waiting  were  over  at  last,  and  the 
government  of  the  new  Commonwealth  was  about  to  be 
organized.  On  the  morning  of  the  4th  of  Lexington  the 
June,  1792,  the  town  of  Lexington — ap-  s^'st  capital 
pointed  to  be  the  first  capital  of  the  State  —  was  stirred 
with  eager  anticipation.  The  day  before,  Lsaac  Shelby  had 
left  his  country  place  in  Lincoln  County  and  started  on  his 
journey  to  assume  the  duties  of  governor.  At  Danville  the 
citizens  poured  forth  to  offer  their  congratulations  in  an  ad- 
dress which  had  been  prepared  for  the  occasion.  On  the 
way,  Shelby  was  met  by  a  company  of  volunteer  troops, 
which  had  been  sent  out  from  Lexington  to  conduct  him 
into  the  capital.  From  various  parts  of  the  State,  stran- 
gers had  come  to  witness  the  ceremonies  of  the  inaugura- 
tion. The  people  were  all  in  the  streets,  arrayed  in  their 
best  attire.  There  was  a  generous  mingling  of  broadcloth 
costumes  and  buckskin,  of  imported  silk  and  homespun 
gowns. 

93 


04  FOUXDIXG   or   THE   COMMONWEALTH 

As  the  procession  neared  the  town,  loud  cheers  arose, 
which  were  somewhat  drowned  by  the  firing  of  a  cannon. 
The  inaug-  the  cracking  of  rifles,  and  the  beating  of  drums, 
uration  ^^  ^^^  comer  of  Main  Street  and  Broadway 

the  governor  was  received  with  military  honors  by  the  Lex- 


Shelby  s  Inauguration 

ington  Light  Infantry.  There  he  alighted  from  his  horse 
to  receive  the  address  of  welcome  which  was  presented  to 
him  by  the  chairman  of  the  town  Board  of  Trustees, 
John  Bradford,  otherwise  "Old  Wisdom,"  who  has  already 
been  introduced  to  us  as  editor  of  the  Kentucke  Gazette. 
Courtly  formality  and   homely   simplicity  met  in  the  un- 


ORGANIZATION   OF  THE   GOVERNMENT  95 

paved  public  square.  The  oath  of  office  was  adminis- 
tered to  the  governor.  Then,  with  the  same  stateliness  and 
mihtary  parade  that  had  characterized  the  entire  proceed- 
ing, he  was  escorted  to  his  chambers  to  rest  at  the  Sheaf  of 
Wheat  inn,  while  the  enthusiasm  of  the  citizens  continued 
and  the  bells  of  the  town  broke  forth  in  joyous  acclamation. 

Later  in  the  day,  the  governor  sent  his  reply  to  the 
address  of  welcome  and,  at  the  same  time,  announced  his 
appointments  for  secretary  of  state  and  attor-  state 
ney-general.  James  Brown,  selected  for  the  appointments 
former  office,  afterwards  served  repeatedly  in  the  United 
States  Senate  and  ably  filled  the  high  position  of  minister 
to  France.  George  Nicholas,  appointed  to  the  latter  office, 
was  one  of  the  brilliant  Virginians  who  had  sought  Ken- 
tucky at  the  close  of  the  Revolution.  He  was  a  truly 
great  lawyer.  His  career  here  was  as  successful  as  it  was 
short.  He  settled  near  Danville  in  1788,  and  died  in 
Lexington  in   1799. 

The  legislature  assembled  and  chose  the  speakers  of 
the  two  houses,  —  Alexander  Scott  Bullitt,  for  the  Senate, 
and  Robert  Breckinridge,  for  the  House  of  Legislature 
Representatives.  On  the  sixth  day,  the  gover-  assembles 
nor  met  the  legislature  in  person,  after  the  ancient  custom 
of  English  kings  which  had  been  followed  by  the  colonial 
governors.  He  appeared  at  the  door  of  the  Senate  cham- 
ber of  the  first  log  statehouse,  attended  by  his  secretary 
of  state.  The  speaker  of  the  Senate  advanced  to  meet 
him  to  conduct  him  to  his  seat.  After  a  moment  of 
solemn  silence,  he  arose,  read  an  address  to  the  two 
Houses,  and  presented  a  manuscript  copy  to  each  of 
the  speakers,  and  then  retired  in  an  impressive  manner. 
The  speaker  of  the  House  of  Representatives  and  the 
members  thereof   likewise  retired  to  transact  business  in 


96 


FOUNDING   OF  THE   COMMONWEALTH 


their  own  hall.  The  legislature  elected  two  United  States 
senators, — John  Brown,  who  had  already  represented  Ken- 
tucky in  the  old  Congress,  and  John  Edwards.  The 
House  of  Representatives  elected  five  commissioners  to 
fix  upon  a   permanent   seat  of  government. 

The  court  of  ap- 
peals consisted  of  three 
judges.  The  persons 
appointed  judges  ap- 
by  the  gov-  p"*"^*"* 
ernor  for  this  dignified 
position  were  Caleb 
Wallace,  another  able 
Virginia  lawyer  who 
had  risen  to  high  stand- 
ing in  Kentucky ;  Ben- 
jamin Sebastian,  the 
same  who  had  entered 
into  the  Spanish  con- 
s  p  i  r  a  c  y  ,  but  whose 
treason  was  not  then 
suspected ;  and  Hary 
Innes,  who  was  se- 
lected to  be  chief  justice.  Innes  declined,  however,  in 
order  to  receive  the  office  of  United  States  district  judge, 
and  George  Muter  was  appointed  in  his  stead. 

On  the  22d  of  December,  1792,  the  second  session  of 
the  first  Kentucky  legislature  adjourned,  to  hold  no  more 
Frankfort  the  meetings  in  Lexington.  The  commissioners 
iurorthe  ''^^'  ^^^^^  selected  Frankfort  as  the  permanent  cap- 
state  ital  of  the  State.  Nestled  in  the  midst  of 
hills,  on  the  banks  of  the  Kentucky  River,  Frankfort  had 
certainly   the    advantage    of    a    picturesque    situation.     A 


Hary  Innes 


ORGANIZATION   OF  THE   GOVERNMENT 


97 


private  dwelling  was  employed  as  a  temporary  statehouse 
while  a  permanent  stone  building  was  being  erected. 
This  was  occupied  November  3,  1794.  A  governor's 
mansion  was  likewise  built. 

The  Indians  were  not  yet  subdued  and  still  continued  to 
harass  the  Kentuckians.  Major  John  Adair,  with  about 
one  hundred  Kentucky  militia,  after  a  gallant  Military 
fight  at  Fort  St.  Clair,  in  Ohio,  was  defeated  by  ^^^"^ 
a  large  body  of  Indians  under  Little  Turtle.  Colonel 
John  Hardin  and  Major  Truman  were  sent  by  General 
James  Wilkinson  on  a  mission  to  the  Indians  in  northwest 
Ohio,  and  both  were  murdered.  Boats  were  continually 
waylaid,  and  isolated  frontier  stations  were  attacked. 

After  his  disastrous  defeat.  General  St.  Clair  retired  from 
the  command  of  the  armies  of  the  Northwest,  and  General 
Wayne,  known  as  "  Mad  Anthony," 
was  appointed  to  that  position.  Gen- 
eral Wayne  called  upon  Kentucky 
for  volunteers;  but  the  Kentuckians 
had  lost  confidence  in  regular  troops, 
because  of  the  defeats  of  Harmar 
and  St.  Clair,  and  none  offered.  Gov- 
ernor Shelby  ordered  a  draft,  and  in 
this  way  one  thousand  mounted  mili- 
tiamen were  raised  and  placed  under 
General  Charles  Scott's  command. 
They  joined  General  Wayne,  October 
24,  1793,  at  his  headquarters,  about  eighty  miles  north  of 
Cincinnati.  Because  of  the  approach  of  winter,  however, 
the  commander  in  chief  decided  not  to  prosecute  the  pro- 
posed campaign  at  that  time.  Fort  Greenville  was  built, 
and  the  regular  troops  went  into  winter  quarters,  while  the 
Kentucky  militia  were  dismissed.     One  benefit  had  been 

KENT.  HIST.  —  7 


Anthony  Wayne 


98 


FOUNDING   OF   THE    COMMONWEALTH 


Political  affairs 


obtained :    General  Wayne's   military  ability  had  inspired 
the  Kentuckians  with  coniidence. 

Two  issues  ran  side  by  side  in  the  State  and  divided  the 
thoughts  of  the  people :  the  cessation  of  their  Indian 
troubles,  and  the  navigation  of  the  Mississippi 
River.  For  years  there  had  been  many  poli- 
ticians in  Kentucky  who  believed  that  these  beneiits  might 
have  been  obtained  for  them,  if  Congress  had  not  been 
indifferent  to  their  welfare.  Great  animosity  was  felt 
toward  England,  which  still  held  the  military  posts  in 
the  Northwest,  and  toward  Spain,  which  had  closed  to 
them  the  Mississippi. 

In  1793,  news  reached  Kentucky  that  France  had  de- 
clared war  against  Eng- 
land, Spain,  and  Holland. 
The  further  fact  was  made 
known  that  the  President 
had  refused  to  enter  into 
an  alliance  with  France. 
Washington  knew  that 
war  at  this  time  would 
be  disastrous  to  the 
United  States.  He  stood 
firm  on  this  point  through 
that  marvelous,  calm 
foresight  which  con- 
trolled all  his  actions, 
l^ut  the  majority  of  the 
people  of  the  United 
States  sympathized  with 
France,  who  had  so  re- 
cently aided  them  in  their  conflict  with  Great  Britain. 
Nowhere  was  this  attachment  more  ardent  than  in   Ken- 


George  Washington 


ORGANIZATION    OF   THE    GOVERNMENT  99 

tucky.      Nevertheless,  as  is  invariably  the  case,  there  was 
a  division  of  sentiment. 

Those  who  adhered  to  the  policy  of  the  government  of 
the  United  States  were  called  Federalists ;  those  who  were 
oi:)nosed  to  it  were  called  either  Anti-Federal-  ^ 

^  '-  Federalists  and 

ists,  or  Republicans,  and  later,  Democrats.     At  Anti- 

Fcdcrs-lists 

Lexington  there  was  organized  a  Democratic 
Club,  —  an  outgrowth  of  the  one  already  established  at 
Philadelphia,  which  was  modeled  on  the  Jacobin  clubs  of 
France.  Others  sprang  up  at  Georgetown  and  Paris. 
In  Kentucky  the  horrors  of  the  French  Revolution  were 
still  unknown.  It  represented  only  an  inspiring  movement 
toward  liberty.  The  tone  of  the  Lexington  society  is  indi- 
cated by  the  following  resolution  :  "  That  the  right  of  the 
people  on  the  waters  of  the  Mississippi,  to  its  navigation, 
is  undoubted,  and  ought  to  be  peremptorily  demanded  of 
Spain  by  the  United  States  government." 

John  Breckinridge  was  its  first  president.  He  was  a 
young  lawyer,  who  had  recently  come  to  Kentucky  from 
Virginia.  His  clear  mind  and  eloquent  oratory  jo^n 
had  brought  him  recognition  in  his  native  State.  Breckinridge 
In  Kentucky  he  took  an  active  part  in  political  affairs.  He 
died  in  1806,  having  held  for  one  year  the  office  of  attorney- 
general  in  Jefferson's  cabinet. 

Citizen  Genet,  minister  of  France,  had  recently  landed 
at  Charleston,  South  Carolina,  for  the  purpose  of  enlisting 
aid  for  his  country  in  the  impending  war.  Im-  French 
mediately  he  saw  the  situation  in  Kentucky,  conspiracy 
and  sent  thither  several  agents  to  raise  volunteers  for  an 
expedition  against  New  Orleans  and  the  Spanish  posses- 
sions. So  intense  was  the  feeling  in  Kentucky  on  the 
navigation  question,  that  the  Frenchman  succeeded  in  en- 
listing   two    thousand    men   for   this   conspiracy.      George 


lOO  FOUNDING   OF  THE   COMMONWEALTH 

Rogers  Clark  accepted  the  commission  of  "major  general 
in  the  armies  of  France  and  commander  in  chief  of  the 
revolutionary  legions  on  the  Mississippi." 

The  proposed  conspiracy  became  known  to  the  Federal 

government.      Letters    passed   between    Washington    and 

Shelby  on  the  subiect.     It  was  a  time  of  trial 

Governor  ■'  •' 

Shelby's  to  the  govcmor,  but  his  conduct  was  marked 

position  ^^,j^j^   caution   and  wisdom.       As  governor  of 

Kentucky  he  stood  ready  to  perform  whatever  was  con- 
stitutionally required  of  him ;  but  he  believed  that  this 
matter  concerned  the  Federal  government,  and  not  that  of 
the  State.  He  did  not  believe  he  had  the  power  to  forbid 
the  expedition  if  it  could  be  accomplished.  Moreover,  he 
did  not  believe  that  it  would  be  carried  out.  But  the  mat- 
ter offered  him  a  fitting  opportunity  to  make  known  to  the 
President  the  intense  feeling  of  the  Anti-Federalists  in 
Kentucky  against  the  central  government,  which  had  not 
obtained  for  the  State  the  navigation  of  the  Mississippi. 
Happily  the  expedition  was  not  accomplished.  Washing- 
ton succeeded  in  having  Genet  recalled,  and  another  minis- 
ter was  appointed  in  his  stead. 

The  campaign  against  the  Indians  in  the  Northwest, 
projected  by  General  Wayne  in  the  autumn 'of  1793,  was 
carried  into  effect  the  following  summer.  In  July,  Gen- 
eral Charles  Scott,  with  sixteen  hundred  Kentucky  vol- 
unteers, joined  General  Wayne  at  Fort  Recovery.  The 
Wayne's  regular  force  under  General  Wayne  was  about 

victory  equal  in  numbers  to  the  Kentucky  militia.    On 

the  20th  of  August,  1794,  a  battle  was  fought  at  Fallen 
Timbers,  on  the  Miami,  which  resulted  in  a  brilliant 
victory  for  the  Americans.  An  equally  beneficial  event 
followed  close  upon  Wayne's  conquest.  In  November, 
Chief  Justice  John  Jay  succeeded  in  concluding  a  treaty 


ORGANIZATION   OF   THE   GOVERNMENT  roi 

between  the  United  States  and  Great  Britain.  Conse- 
quently the  British  posts  in  the  Northwest  were  at  last 
surrendered. 

It  was  some  time  before  this  last  fact  was    known    in 
Kentucky.       Prior   to    that    time,   in    the    year    1795,  the 
Spanish    governor     of     Louisiana    again    at-  ^^^^^^ 
tempted    to    bribe    Kentucky   to    secede  from  Spanish 
the     Union,    and    to    form    an    alliance    with   '^""^p^''^^^ 
Spain,  in  order  to  obtain  the  navigation  of  the  Mississippi. 
Thomas  Power,  a  naturalized  Spaniard,  was  sent  to  Ken- 
tucky to  secure  agents  to  accomplish  this  end.     The  man 
selected   to    receive    Power's    communication    was    Judge 
Benjamin  Sebastian,  one  of    the  accomplices  in  the  first 
Spanish  conspiracy. 

Sebastian  conferred  with  several  prominent  Kentuckians. 
He  then  proceeded  to  Natchez,  and  on  to  New  Orleans,  to 
negotiate  with  the  authorities  there.  However,  before 
any  agreement  had  been  reached  between  the  Kentuckian 
and  the  Spanish  governor,  news  came  that  a  treaty  be- 
tween the  United  States  and  Spain  had  been  effected,  and 
that  Spain  had  granted  to  the  United  States  the  free  navi- 
gation of  the  Mississippi  River.  Nevertheless,  the  Spanish 
governor  was  not  willing  to  renounce,  at  once,  all  hope  of 
ever  gaining  Kentucky.  Sebastian  was  paid  two  thousand 
dollars  for  his  efforts  in  this  dishonorable  work,  and  con- 
tinued to  receive  that  amount  annually  for  eleven  years. 
Sebastian's  treason  was  unknown  to  his  fellow-Kentuck- 
ians,  with  probably  two  or  three  exceptions.  He  con- 
tinued to  hold  his  office  of  judge  of  the  court  of  appeals 
until  1806,  at  which  time  he  was  exposed  and  compelled 
to  resign. 

We  have  learned  that  the  opposition  of  the  Kentuckians 
to  the    Federal   government   had  its  origin  in  their  own 


102  FOUNDING   OF   THE   t'OMMONWEALlH 

trials;  for  a  large  majority  of  the  people  believed  that  the 
central  government  might  have  put  an  end  to  these  if  it 
had  attempted  to  do  so.  But  there  were  also 
clauses  in  the  constitution  of  the  United  States 
to  which  they  were  directly  opposed.  Many  objected  to 
the  policy  of  the  Federalists  (by  whom  the  constitution 
was  framed)  because  they  believed  it  tended  toward  a 
monarchical  rather  than  a  republican  form  of  government. 
We  have  noticed  Kentucky's  isolated  situation  and  her 
long,  single-handed  struggle  for  existence.  Naturally  her 
people  were  watchful  for  their  State's  rights  and  liberties. 
But  we  have  learned,  also,  that  in  the  times  of  greatest 
temptation  her  people  stood  true  to  the  Union.  This  fact 
indicates  loyalty  and  sagacity  and  calls  forth  the  highest 
admiration. 

Now  the  Indian  troubles  were  at  an  end,  and  the  Missis- 
sippi was  open  to  Kentucky.    Added  to  this,  the  feeling  on 
the   French   question   had   changed.      Genet's 

Temporary  '  •       i    r- 

change  of  illegal  actions  in  the  United  States  had  awak- 

sen  im  n  encd  disapproval.     A  fuller  knowledge  of  the 

French  Revolution  had  produced  a  natural  revulsion  of 
feeling.  Consequently,  the  Federal  party  in  the  State 
rose  into  temporary  power.  In  1795  Humphrey  Marshall, 
the  pronounced  leader  of  the  Federal  side,  was  elected 
United  States  senator  over  John  Breckinridge,  the  popular 
representative  of  the  Republicans.  During  this  same  year, 
however,  the  governor  appointed  Breckinridge  attorney- 
general  of  the  State. 

In  the  year  1793,  the  first  steamboat  which  ever  success- 
full)'  moved  on  any  waters  was  exhibited  at  Lexington. 
Invention  of  The  town  branch  of  the  Elkhorn  —  now  dis- 
the  steamboat  appeared  from  sight,  but  then  a  considerable 
stream  —  was  dammed   up  for  the  trial  of  the   miniature 


ORGANIZATION    OF   THE   GOVERNMENT 


TO- 


model  which  had  been  constructed,  and  crowds  of  enthusi- 
astic spectators  rejoiced  over  the  success  of  this  important 
invention.  The  inv^entor  was  Edward  West,  who  emigrated 
from  Virginia  to  Lexington  in  1785,  where  he  died  in  vSzy, 
after  a  long  life 
spent  in  experi- 
menting in  inven- 
tions. The  honor 
of  having  invented 
the  steamboat  be- 
longs, however,  to 
John  Fitch,  —  be- 
fore referred  to  in 
these  pages,  —  who,  as  early  as  1785,  completed  his  model. 
But  unfortunately  Fitch's  invention  failed  of  success,  either 
because  he  lacked  the  necessary  funds  or  the  adequate 
force  of  character  to  bring  it  to  the  knowledge  of  the 
people. 


Fitch's  Steamboat 


RECAPITULATION 


Lexington  the  first  capital. 

Governor  .Shelby  inaugurated. 

Military  honors  and  picturesque  pa- 
rade. 

Two  appointments  announced. 

Legislature  assembles;  speakers 
chosen. 

The  governor  opens  the  legislature. 

Stately  proceedings. 

United  States  senators  elected. 

Judges  appointed. 

Frankfort  selected  as  the  permanent 
capital. 

Public  buildings  erected  there. 

Indian  troubles  again. 

General  Wayne's  appointment. 


One  thousand  Kentuckians  drafted. 
Campaign  postponed. 
The  French  war. 

England,     Spain,    and    Holland    in- 
volved. 
Washington  refuses  to  take  part. 
United  States  divitled  on  the  subject. 
Kentucky  is  indignant. 
She  dislikes  England  and  Spain. 
Desires  to  aid  France. 
Federalists  and  Anti-Federalists. 
Democratic  clubs. 
The  Lexington  club. 
John  Breckinridge  its  president. 
The  French  conspiracy. 
General  Clark's  commission. 


104 


FOUNDING   OF   THE   COMMONWEALTH 


Governor  Shelby's  cautious  action. 
Failure  of  the  conspiracy. 
Wayne's  victory. 
British  posts  resigned. 
Second  Spanish  conspiracy. 
Sebastian's  treason. 
Treaty  with  Spain  concluded. 
Kentucky  generally  Anti-Federal. 
Opposed  to  a  strong  central  govern- 
ment. 


Momentary  change  of  sentiment  after 
the  Indian  troubles  are  ended  and 
the  navigation  granted. 

Federal  party  rises  into  power. 

Humphrey  Marshall  elected  United 
States  senator. 

Edward  West  at  Lexington. 

Models  a  steamboat  in  1793. 

Successful  trial  on  Elkhorn  Creek. 

Fitch's  invention  unsuccessful. 


CHAPTER  X 

rOLITICAL   SITUATION    IN   KENTUCKY,    1 796-181 1 

In  May,  1796,  James  Garrard  was  elected  second  gov- 
ernor of  Kentucky.  The  first  year  of  his  administration 
Garrard's  was    marked    by    few    events    of    importance, 

administration  ^j^^  following  spring,  the  advisability  of  re- 
vising the  State  constitution  was  discussed,  and  a  vote  was 
taken  to  obtain  the  will  of  the  people.  But  no  decision 
was  reached  in  the  matter,  as  a  number  of  the  counties 
failed  to  make  returns.  A  second  vote  was  taken  on  the 
same  subject  in  1798,  and  met  with  a  similar  result.  In 
the  autumn  of  that  year,  the  question  was  brought  before 
the  legislature,  and  as  a  majority  of  the  members  voted  in 
favor  of  revision,  a  convention  was  called  for  July  22,  1799. 

During  the  summer  of  1797,  Thomas  Power  was  again 
sent  to  Kentucky  to  concert  with  Benjamin  Sebastian  re- 
garding the  separation  of  the  State  from  the  Union.  But 
this  third  Spanish  conspiracy  failed  in  its  very  beginning. 

The  November  session  of  the  legislature  revised  the 
criminal  code,  and  punishment  by  death  was  allowed  only 
for  murder  in  the  first  degree. 

The  interval  of  quiet  which  Kentucky  had  been  en- 
joying was  destined  to  be  interrupted  by  a  profound  agita- 
Aiienand  tion.     In    the    spring    session    of     1798,    the 

edition  laws  (Congress  of  the  United  States  passed  two 
acts  known  in  the  political  history  of  the  nation  as  the 
Alien  and  Sedition  laws.     The  particularly  objectionable 

105 


io6 


FOUNDING   OF   THE   COMMONWEALTH 


features  in  these  acts  were  the  following :  The  first  act 
gave  to  the  President  authority  over  all  foreigners.  He 
mio-ht  grant  them  license  to  remain  in  the  United  States ; 
he  might  order  them  to  depart  from  its  territory  if  he  sus- 
pected them  of  treasonable  designs ;  he  might  imprison, 
according  to  his  judgment,  all  foreigners  who  returned  to 
the  United  States  without  having  obtained  his  permission. 

The  second  act  was  an 
attempt  to  control  the 
people  in  the  free  ex- 
pression of  opinion. 
By  this  law  it  became 
an  offense,  subject  to 
fine  or  imprisonment, 
for  any  one  to  utter, 
print,  or  publish  any 
libel  against  the  gov- 
ernment of  the  United 
States,  the  President, 
or  either  House  of 
Congress. 

The        Kentuckians 
were    aroused,    almost 
to  a  man.      There  was 
«;^f  '  no  wavering    in    their 

^f"^'  judgment  of  these  obnoxious  laws.  They  deemed  them 
directly  unconstitutional.  In  their  opinion  Kentucky's 
they  indicated  an  assumption,  on  the  part  ^^tion 
of  the  Federal  government,  of  an  authority  which  did 
not  belong  to  it.  The  first  to  issue  a  protest  against  them 
were  the  citizens  of  Clark  County.  They  embodied  their 
opposition  in  a  vigorous  set  of  resolutions,  which  were 
transmitted  to  their  representative  in  Congress  to  be  pre- 


^^ 


Henry  Clay 


POLITICAL   SITUATION   IN    KENTUCKV  10/ 

sented  by  him  to  each  branch  of  that  body  and  to  the 
President.  In  the  crowd  which  gathered  at  Lexington 
to  discuss  the  subject  was  young  Henry  Clay,  —  twenty- 
one  years  old,  —  who  had  come  from  Virginia  the  year 
before  to  make  his  home  in  Kentucky.  He  had  already 
made  himself  known  in  the  State  by  advocating  the  grad- 
ual emancipation  of  slavery.  The  people  called  upon  him 
to  speak  to  them.  The  subject  was  one  to  stir  the  un- 
fledged genius  of  the  orator.  He  was  lifted  into  a  cart, 
from  which  "  proud  eminence  "  he  poured  forth  suqh  de- 
nunciations of  the  act  of  Congress  as  won  the  admiration 
and  satisfaction  of  his  high-wrought  audience. 

But  the  most  bold,   far-reaching,   effective  summary  of 
political  doctrine  called  forth  by  these  laws  was  that   con- 
tained  in   the  resolutions  known  as  the  Ken- 
Kentucky 

tucky  Resolutions  of  1798.^  The  resolutions  Resolutions  of 
were  drafted  by  Thomas  Jefferson,  and  revised 
and  offered  to  the  legislature,  on  November  8,  by  John 
Breckinridge,  the  representative  of  Fayette  County  in  the 
State  legislature  and  a  leader  in  the  Republican  party. 
These  resolutions  had  perhaps  a  deeper  import  than  the 
mere  expression  of  righteous  indignation  against  the  pas- 
sage by  Congress  of  two  odious  acts  that  were  destined 
to  exist  only  for  a  brief  term.  In  them  we  find  the  germ 
of  the  doctrine  of  nullification  which  became  an  important 
factor  in  the  causes  which  led  to  the  Civil  War. 

This   doctrine   is  briefly   as  follows :     That  the  several 
States  composing  the   United  States  of  America  are  not 
united  in  submission  to  their  general  govern-  Doctrine  of 
ment ;     that    the     general    government    was   ^***®  "^''*® 
created  by  a  compact  of  the  several   States,  each  State 
agreeing  thereto,   and  yet  reserving  to  itself  the  right  to 

1  Keiiliitky  Resolutions  of  ijgS.     \\y  Ethelbert  Dudley  Warfield. 


I08  FOUNDING   OF  THE  COMMONWEALTH 

its  own  self-government ;  that  the  government  created  by 
this  compact  is  not  made  the  final  judge  of  the  powers 
delegated  to  it ;  that  as  each  State  is  a  party  to  the 
compact,  therefore  each  State  "  has  an  equal  right  to 
judge  for  itself  as  well  of  infractions  as  of  the  mode  and 
measure  of  redress." 

The  resolutions  thus  presented  to  the  legislature  in  an 

ardent  speech  by  their  mover,  passed  the  Lower  House 

with  one  dissenting  voice.     William  Murray,  a 

Resolutions 

accepted  by  the  clcvcr  lawyer,  made  an  earnest  protest  agamst 
legislature  ^^^^^  j^  ^^^  Senate,  John  Pope  made  an  un- 
successful effort  to  amend  them,  and  they  were  unanimously 
accepted.  At  the  time  of  their  adoption  the  possible 
tendency  of  the  resolutions  was  not  considered.  They  were 
framed  to  meet  a  need  of  the  hour.  The  Federal  govern- 
ment had  assumed  an  authority,  the  Kentuckians  believed, 
which  was  unconstitutional.  Therefore,  the  Federal  govern- 
ment must  be  censured,  else  it  might  encroach  and  assume 
greater  power,  and  then  become  monarchical,  instead  of 
Democratic.  Kentucky  was  passionately  Democratic  or 
Republican.  The  resolutions  were  signed  by  the  governor, 
and  then  submitted  to  the  other  States  to  be  considered. 
Only  Virginia,  however,  concurred  with  the  action  of  Ken- 
tucky. 

The  convention  to  revise  the  State  constitution  assembled 
July  22,  1799,  at  Frankfort,  and  chose  Alexander  Scott 
Second  "Bullitt  president,  and  Thomas  Todd  —  who  so 

constitutional     many  times  before  had  served  in  this  capacity 

convention  -^  .     .      ,. 

—  clerk.  The  outburst  of  feeling  awakened 
by  the  mere  suspicion  of  a  monarchical  inclination  in  the 
central  government  largely  influenced  the  changes  which 
were  made  in  the  constitution.  The  governor  was  no 
longer  to  be  elected  by  a  college  of  electors,  but  directly 


POLITICAL   SITUATION   IN   KENTUCKY 


109 


Local  politics 


by  the  votes  of  the  people.  Furthermore,  his  authority 
was  Hmited.  His  veto  might  be  overruled  by  a  majority 
of  the  legislature.  The  office  of  lieutenant  governor  was 
created.  This  officer,  similarly  elected  by  the  people, 
should  be  the  speaker  of  the. Senate.  The  senators,  like- 
wise, were  to  be  elected  by  the  direct  votes  of  the  people. 
The  new  constitution  went  into  effect  June  i,  1800. 
James  Garrard   had  again 

been      chosen 

governor,  and 
Alexander  Scott  Bullitt 
was  elected  lieutenant  gov- 
ernor. John  Breckinridge 
was  chosen  speaker  of  the 
House.  There  was  the 
utmost  quiet  in  local  elec- 
tions. Kentucky's  whole 
political  interest  was  now 
absorbed  in  the  affairs  of 
the  nation,  —  the  forthcom- 
ing contest  between  the 
Federalist  and  Democratic 
parties.  When  Thomas 
Jefferson,  the  Democratic 
nominee,  was  declared 
President,  the  satisfaction  in  the  State  was  almost  univer- 
sal. It  expressed  itself  in  exuberant  speeches  of  delight. 
Of  course,  the  hated  Alien  and  Sedition  laws  were  then 
repealed. 

But  the  most  important  event  to  Kentucky  in  Jeffer- 
son's administration  was  the  purchase  of  Louisiana  from 
the  French,  to  whom  it  had  been  ceded  by  Spain.  Gen- 
eral   James    Wilkinson,    whose    character    has  onl^'    been 


Thomas  Jetferscn 


I  lO 


FOUNDING   OF   THE   COMMONWEALTH 


understood  in  recent  years,  was  then  holding  the  rank  of 
major  general  in  the  United  States  Army.  It  is  an  enter- 
taining and  curious  fact  that  on  the  20th  of  December, 
1803,  the  French  governor  general  delivered  up  the  terri- 
tory to  that  officer.  Thus  at  last  the  projector  of  the 
Spanish  Conspiracy  took  possession  of  New  Orleans  ;  but 
in  a  manner  totally  different  from  what  he  had  imagined, — 
under  the  honorable  authority  of  his  national  government. 
But  Wilkinson  is  often  accused  of  complicity  in  another 
equally  romantic  and  treasonable  conspiracy,  and  in  this, 

too,    the  bold,   adventure-    Aaron  Burr's 

loving  Kentuckians  were  ^°°^P'''^^y 
tempted  to  disloyalty.  Aaron  Burr, 
late  Vice  President  of  the  United 
States,  —  now  bearing  upon  his  soul 
the  crime  of  having  taken  the  life 
of  Alexander  Hamilton, —  being  cut 
off  from  all  high  official  attainment, 
restlessly  sought  a  means  to  gratify 
his  proud  ambition.  Burr's  dazzling 
scheme  was  to  conquer  the  Spanish 
province  of  Mexico,  then  friendly 
to  the  United  States,  to  unite  to  it  the  southwestern  States, 
to  make  New  Orleans  the  capital  of  this  vast  territory,  and 
himself  the  emperor  or  ruler.  Wilkinson,  according  to  his 
accusers,  was  to  be  second  only  to  Burr. 

Blennerhasset,  a  wealthy  Irish  scholar,  living  on  a 
beautiful  island  in  the  Ohio  River,  had  become  fascinated 
by  Burr's  allurements  to  the  extent  of  employing  his  vast 
fortune  for  the  cause,  and  he  was  to  be  a  powerful 
duke  or  chief  minister  of  the  empire.  The  cooperating 
Kentuckians  were  likewise  to  reap  the  reward  of  their 
assistance.     To  arrange  his  project.  Burr  made  frequent 


POLITICAL   SITUATION    IN    KENTUCKY 


III 


trips  to  Lexington  and  Louisville,  and  through  the  south- 
ern cities. 

Joseph     Hamilton     Daveiss,     United     States     attorney 
for    Kentucky,   first  became    suspicious    of    Burr's    move- 
ments, then  convinced  of  his  treacherous  de- 
Burr  indicted 
signs.     On  November  3,  1806,  he  appeared  m 

the  court  at  Frankfort  and  brought  an  indictment  against 
Burr  for  high  treason.  Burr  met  the  charge  with  cool 
denial.  Several  days 
later,  with  a  sem- 
blance of  sincerity, 
he  urged  the  court 
to  continue  the  pros- 
ecution. A  day  was 
set  for  the  trial. 
After  giving  a  writ- 
ten pledge  of  his  in- 
nocence, Burr  secured 
Henry  Clay  and  John 
Allen  for  his  counsel. 
Intense  popular  inter- 
est was  aroused. 

The  prosecution 
seemed  to  take  on 
the  form  of  a  perse- 
cution, because  of  the  ardent  political  feeling  of  the  time. 
Burr  had  won  many  friends  in  Kentucky.  Daveiss  was 
a  stanch  adherent  of  the  despised  Federalist  party. 
Henry  Clay  had  thrown  the  weight  of  his  influence  into 
Burr's  faction.  The  trial  did  not  come  off  because  of 
the  failure,  on  the  part  of  the  United  States  attorney, 
to  obtain  the  attendance  of  the  necessary  witnesses. 
Nevertheless,    the    expectant    audiencti   was    granted    the 


Joseph   Hamilton   Daveiss 


112 


FOUNDING   OF   THE   COMMONWEALTH 


excitement  of  listening  to  a  flashing  debate  on  the  sub- 
ject between  Clay  and  Daveiss.  Never  have  two  greater, 
more  brilliant  men  met  in  opposition  at  the  famous  bar 
of  Kentucky. 

Shortly  afterward,  a  ball  was  given  in  Frankfort  in 
Burr's  honor.  This  was  followed  by  a  similar  festivity 
Fate  of  the  given  by  the  friends  of  the  United  States 
conspirators  attorney.  For  a  while  Daveiss  suffered  a 
great  loss  of  popularity  on  account  of  his  efforts  toward 
the    prosecution  ;    but    he    was    soon    to    be    vindicated. 

Burr's  times  of  suc- 
cess were  at  an  end. 
He  was  tried  in 
Richmond,  Virginia, 
in  March,  1807. 
Though  certain  legal 
technicalities  pre- 
vented his  convic- 
tion, no  one  doubted 

An  Early  Methodist  Church  |-jjg    cruilt.        His     laSt 

days  were  spent  in  wretched  poverty  and  sorrow.  Blen- 
nerhasset  also  died  forlornly.  Only  Wilkinson  lived  on 
in  the  favor  of  fortune. 

Running  along  by  the  side  of  these  social  agitations  was 
a  deep  spiritual  movement  which  spread  throughout  the 
The  great  State.     This   revival  began  in  the   Methodist 

revival  .    ^hurch,  but  it  awoke    religious  enthusiasm  in 

all  the  existing  denominations.  Thousands  flocked  to  the 
camp  meetings  which  were  constantly  held,  and  humble 
laborers  and  learned  statesmen  were  equally  stirred  by 
a  consideration  of  the  greatest  problem  of  life.  In  the 
trend  of  this  Christian  movement  came  the  formation 
of   an  association   called  the   Friends  of    Humanity.      Six 


^^rS^Sss. 


POLITICAI.   SITUATION   IN   KENTUCKY  113 

Baptist  ministers  of  note,  and  others  of  less  conspicuous 
ability,  united  themselves  together  for  the  purpose  of 
advocating  the  abolition  of  slavery.  Their  numbers  in- 
creased at  first,  but  they  were  discountenanced  by  their 
brother  associations,  and  soon  vanished. 

In  1804,  Christopher  Greenup  was  elected  governor. 
He  was  one  of  the  strong  characters  of  the  early  days. 
For  more  than  ten  years,  he  had  been  actively 

1       •  I      1  1  1  •         rr    •  r  Years  of  quiet 

connected  with  the  public  affairs  of  Kentucky. 
It  was  during  his  administration  (1806)  that  the  trial  of 
Judge  Benjamin  Sebastian  occurred.  Burr's  conduct  led 
to  the  investigation  concerning  Sebastian.  During  the 
same  year,  George  Muter  resigned  from  the  office  of  chief 
justice,  and  Thomas  Todd  was  appointed  to  fill  the  va- 
cancy. But  Judge  Todd  did  not  long  execute  the  duties 
of  chief  justice,  as  higher  honors  awaited  him.  In  Feb- 
ruary, 1807,  he  was  appointed  judge  of  the  United  States 
supreme  court  in  the  newly  created  circuit  of  Kentucky, 
Ohio,  and  Tennessee.  Several  eminent  jurists  now  occu- 
pied the  chief  justice's  bench  in  quick  succession.  Felix 
Grundy,  Judge  Todd's  successor,  resigned  after  a  few 
months  to  make  his  home  in  Tennessee.  Ninian  Ed- 
wards, the  next  appointee,  resigned  after  a  little  more 
than  a  year's  service,  to  become  governor  of  the  Illinois 
Territory.  He  was  followed  by  George  M.  Bibb,  who  also 
resigned  in  less  than  a  year. 

In  1807,  the  Bank  of  Kentucky  was  chartered  with 
$1,000,000  capital.  Robert  Alexander  was  appointed 
president  by  the  governor.  Prior  to  this  time,  Kentucky 
had  been  rigorously  opposed  to  banking ;  but  through 
some  curious  misunderstanding  on  the  part  of  the  legisla- 
ture, in  1802,  the  Kentucky  Insurance  Company  had  been 
chartered  with  banking  powers. 

REM'.  lUST. 8 


114 


FOUNDING   OF  THE  COMMONWEALTH 


The  Prophet 


In  1808,  General  Charles  Scott  was  elected  to  succeed 
Governor  Greenup.  His  opponent  was  the  rising  young 
lawyer,  John  Allen,  who  Beginning  of 
made  a  vigorous  canvass.  ^^^ 
But  the  Kentuckians  were  pleased 
to  honor  the  military  services 
^^^^v  of  the  veteran  officer,  especially 
as  the  years  of  peace  were  at 
an  end.  For  some  time  the 
Indians  living  on  the  Wabash 
River  had  been  growing  restless 
under  the  advance  of  white 
civilization.  They  were  roused 
to  rebellion  by  their  two  great 
chiefs,  Tecumseh  and  his  brother 
the  Prophet,  and  also  by  the  influence  of  the  English,  who 
now  anticipated  another 
war  with  the  United 
States.  In  the  summer 
of  181 1,  General  Harri- 
son, governor  of  the 
Indiana  Territory,  called 
for  volunteers  from  Ken- 
tucky. Many  brave  men, 
ambitious  for  military 
glory,  answered  the 
summons.  The  battle 
of  Tippecanoe  was 
fought  November  7, 
181 1.  Harrison  was 
surprised  in  the  night 
by  the  Indians ;  never- 
theless, he  bravely  and 


%,M 


Tecumseh  incitiirr  the  Creeks 


POLITICAL    SrrUATION    IX    KENTUCKY 


115 


successfully  met  the  attack.  But  Kentucky  suffered  a 
deeply  felt  loss  by  this  battle,  in  the  early  death  of  two  of 
her  valued  citizens,  Colonel  Joseph  Hamilton  Daveiss  and 
Colonel  Abraham  Owen.  A  county  of  the  State  was 
named  in  memory  of  each. 


RECAPITULATION 


James  Garranl,  second  guvernor. 

Legislature  orders  a  constitutional 
convention. 

The  third  Spanish  conspiracy. 

Alien  and  Sedition  laws. 

The  first  gave  the  President  control 
of  aliens. 

The  second  restricted  the  expression 
of  opinion. 

Kentucky  condemns  the  laws. 

Clark  County  makes  the  first  protest. 

Henry  Clay  denounces  them. 

Kentucky  Resolutions  of  179S. 

Doctrine  of  State  Rights  involved. 

The  general  government  a  compact 
of  States,  each  State  retaining  the 
right  to  govern  itself. 

Each  State  has  the  right  to  judge  acts 
of  the  general  government,  and  to 
nullify  them  if  they  are  objection- 
able. 

John  Breckinridge,  the  mover  of  the 
Resolutions. 

Opposition  of  Murray  and  Pope. 

Resolutions  carried  in  the  legisla- 
ture. 

Second  constitutional  convention. 

Recent  agitation  causes  certain 
changes  in  the  constitution. 

James  Garrard,  third  governor. 


A.  .S.  Bullitt,  lieutenant  governor. 

John  Breckinridge,  speaker. 

Local  politics  quiet. 

National  politics  absorb  attention. 

Kentucky  rejoices  over  Jefferson's 
election  as  President. 

Alien  and  Sedition  laws  repealed. 

Louisiana  purchased. 

Delivered  up  to  General  Wilkinson. 

Aaron  Burr's  conspiracy. 

Wilkinson  implicated. 

Blennerhasset's  part  in  the  scheme. 

liribe  offered  to  Kentuckians. 

Burr  is  indicted  by  J.  H.  Daveiss. 

II.  Clay  and  John  Allen,  Burr's  coun- 
sel. 

Burr's  cool  audacity. 

.Speeches  of  Clay  and  Daveiss. 

The  two  balls  given  at  P'rankfort. 

The  fate  of  the  conspirators. 

The  great  revival. 

"The  Friends  of  Humanity." 

Christopher  Greenup,  governor. 

Benjamin  Sebastian  is  tried  and  con- 
victed. 

Judge  Thomas  Todd. 

The  first  banks  in  the  State. 

General  Charles  Scott,  governor. 

Tlie  beginnings  of  war. 

The  battle  of  Tippecanoe. 


CHAPTER    XI 

THE   WAR   OF   1812,  1812-1S15 

War  with  all  of  its  horrors  and  feverish  anticipations 
was  again  at  hand.  The  causes  which  led  to  the  second 
Causes  which  conflict  with  Great  Britain  had  long  been  ac- 
ledtothewar  cumulating.  England  and  France  were  in 
arms  against  each  other,  and  the  United  States  main- 
tained a  neutral  position.  In  order  to  injure  France,  Eng- 
land blockaded  with  men  of  war  the  whole  coast  of  France, 
and  France  retaliated  by  declaring  a  similar  blockade  of 
the  coast  of  England.  American  vessels  were  seized  as 
prizes,  and  the  commerce  of  the  United  States  was  inter- 
rupted in  a  most  disastrous  manner. 

But  this  was  not  all.  A  greater  injury,  in  that  it  con- 
tained an  insult  to  our  nation,  was  endured  from  England 
before  war  was  declared.  By  the  policy  of  the  United 
States,  any  foreigner,  after  having  thrown  off  allegiance 
to  his  own  government,  might  become  an-  American 
citizen,  if  he  so  desired.  On  the  contrary,  England 
claimed  that  a  man  born  an  English  subject  was  always 
an  English  subject.  American  vessels  were  boarded  by 
English  officers,  and  searched  by  them  to  find  sailors 
whom  they  claimed  to  be  deserting  Englishmen.  In 
this  way  thousands  of  our  seamen  were  captured.  The 
United  States  deeply  resented  this  outrage.  Then  the 
crisis  came.  On  the  i8th  day  of  June,  18 12,  war  was 
declared. 

116 


THE    WAR    OF    1812 


117 


In  addition  to  the  regular  army  ordered  to  be  raised, 
one  hundred  thousand  militia  were  to  be  furnished  by  the 
different  States  of  the  Union.      Many  of  the 

-^  Kentucky's 

States    were  opposed  to  the  war,   and  conse-  warenthusi- 
quently  refused  to  comply  with  the  President's 
demand.      But    not  so    Kentucky ;    her  people    had    ever 
looked  upon  England  as  the   cruel  enemy   of  their  pros- 
perity ;  and  they  eagerly  rushed   forward  to  aid  in  right- 
ing the  wrong  against 
their    nation.       Only 
five      thousand      five 
hundred     men    were 
required  of  Kentucky, 
but  she  was  granted 
the   privilege  of    fur- 
nishing   seven    thou- 
sand.    And  the  State 
did  not  hold  back  her 
best,  but  offered  her 
worthiest  sons  for  the 
cause.      A    righteous 
resentment      of      of- 
fenses, and  an  unsurpassed  courage 
and    high    sense    of    honor,    were    S 
indicated    by     this     eager     desire 
to   participate  in   the  opening  con- 
flict. 

On  the  1 5th  of  August,  two  thousand  troops,  destined  to 
join  the  army  in  the  Northwest,  assembled  at  Georgetown. 
They  consisted  of  a  regiment  of  regulars,  un-  Troops  leave 
der  Colonel  Samuel   Wells,  and   three   militia  ^^e  state 
regiments  under  Colonels   John  Allen,  J.   M.   Scott,  and 
William  Lewis.      Of  the  companies  under  Lewis,  Lexing- 


Impressment  of  Seamen 


Il8  FOUXDIXG   OF   THE   COMMONWEALTH 

ton  had  furnished  six,  and  one  was  the  Lexington  Light 
Artillery,  even  then  historic,  commanded  by  the  gallant 
young  captain,  Nathaniel  G.  T.  Hart.  They  were  formed 
into  a  brigade,  and  placed  under  the  command  of  Brigadier 
General  John  Payne.  Several  days  later,  the  troops  were 
reviewed  in  the  presence  of  thousands  of  interested  spec- 
tators. Henry  Clay  made  a  speech,  and  Dr.  Bhthe,  presi- 
dent of  Transylvania  University,  preached  a  sermon  ;  and 
thus  animated  and  encouraged,  they  w^ere  prepared  to  begin 
their  hard,  eventful  campaign. 

On  their  march  to  Detroit  the  troops  learned  that  Gen- 
eral Hull,  governor  of  Michigan  Territory,  had  surrendered 
Harrison's  ""^  the  most  cowardly  manner  to  the   British, 

appointment  Great  indignation  w^as  aroused.  Letters  were 
written  to  Kentucky  to  request  the  appointment  of  General 
Harrison  as  commander  of  the  Kentucky  militia.  Gov- 
ernor Scott's  term  of  office  w^as  drawing  to  a  close,  but 
some  action  was  imperative.  He  sought  a  council  of  ex- 
Governor  Shelby,  ex-Governor  Greenup,  Henry  Clay, 
Judge  Thomas  Todd,  and  several  other  distinguished  cit- 
izens. They  unanimously  agreed  in  recommending  the 
appointment.  It  was  therefore  made.  In  a  few  more  days 
three  other  companies  were  raised  by  Colonels  Richard 
M.  Johnson,  James  Johnson,  and  Captain  John  Arnold. 
General  Harrison  was  also  appointed  by  the  President  as 
commander  of  the  army  of  the  Northwest,  to  supersede 
General  Winchester.  On  the  29th  of  September,  he  left 
Lexington  to  join  the  forces  thus  placed  under  his  control. 

The  Kentucky  troops  reached  the  Rapids  of  the  Maumee 
the  lOth  of  January,  and  halted  to  await  the  arrival  of 
First  battle  at  General  Harrison.  But  they  were  not  long  to 
Frenchtown  remain  inactive.  A  few  days  later  a  call  for 
assistance   reached   them   from   Frenchtown,   on   the   river 


THE    WAR    r)F    1812 


119 


William   Henry  Harrison 


Raisin,  about  thirty-eight  miles  away.  A  detachment 
commanded  by  Colonel  Lewis,  under  whom  were  Colonel 
John  Allen  and  Majors  Martin 
D.  Hardin,  George  Madison,  and 
Benjamin  Graves,  eagerly  has- 
tened to  respond  to  the  summons. 
On  the  1 8th  a  successful  battle 
was  fought,  and  the  British  were 
driven  from  the  village.  But  this 
victory  was  to  be  followed  by  an 
awful  tragedy. 

Two  days  later.  General  Win- 
chester arrived  with  a  recnforce- 
ment  consisting  of  Colonel  Wells's 
regiment  of  regulars.  Although 
General  Winchester  was  soon  informed  that  a  large  force 
of  the  enemy  was  on  its  way  toward  the  town,  he  made 
no  preparation  for  an  attack.  The  night  was  second  battle 
bitterly  cold,  and  the  caution  of  placing  pickets  ^^  Frenchtown 
on  the  road  by  which  the  enemy  would  approach  the  town 
was  neglected.  Accordingly,  before  daylight  on  the  morn- 
ing of  January  22,  the  camp  was  surprised  by  an  army  of 
two  thousand  British  and  Indians  under  General  Proctor. 
The  firing  was  opened  upon  the  stockade  of  the  Kcntuck- 
ians  and  was  returned  with  considerable  loss  to  the  British. 
But  Colonel  Wells's  company  was  encamped  on  the  open 
field.  It  was  impossible  for  it  to  resist  the  attack,  and  the 
men  retreated  panic-stricken. 

At  this  crisis.  Colonels  Lewis  and  Allen,  with  a  detach- 
ment of  one  hundred  men,  rushed  forward  like  typical 
Kentuckians  to  rally  the  retreating  soldiers.  Nearly  all 
of  Wells's  men  were  killed  or  wounded,  as  were  very  many 
of  those   under    Lewis   and   Allen.      Lewis  was  wounded, 


I20  FOUNDING   OF  THE   COMMONWEALTH 

and  Colonel  Allen  was  slain.  Thus  fell  in  early  manhood 
one  of  the  most  promising  citizens  of  Kentucky,  a  man  of 
pure  life,  of  heroic  character,  and  strong  legal  ability. 
Then  came  a  summons  to  surrender.  To  the  heroes  of 
Kentucky  death  was  far  preferable  to  defeat.  But  after 
a  consultation,  in  view  of  their  situation,  the  remaining 
officers  wisely  determined  to  comply  with  the  demand  of 
the  enemy.  Having  obtained  a  solemn  promise  from  the 
British  that  the  wounded  Americans  would  be  safely 
guarded,  they  agreed  to  lay  down  their  arms. 

But  the  pledge  was  not  fulfilled.     The  Indians  were  not 

restrained  by  the  British,  and  early  the  next  morning  they 

entered  the  cellar  of  a  tavern  where  some  of 

The  massacre 

the  wounded  soldiers  were  quartered,  broke 
open  casks  of  liquor,  and  drank  until  they  were  maddened 
far  beyond  their  usual  state  of  cruelty.  Soldiers  were 
dragged  out  of  their  beds  and  tomahawked.  A  house 
containing  other  wounded  men  was  burned  to  the  ground. 
Several  of  the  officers  attempted  to  escape  under  the  escort 
of  Indians  whom  they  paid  to  guide  them,  and  were 
treacherously  murdered  on  the  way  by  their  escorts. 

Never  did  a  more  barbarous  butchery  of  human  beings 
occur.  The  details  are  too  ghastly  to  be  repeated.  In 
Kentucky,  anguish  prevailed  such  as  had  not  been  felt 
since  the  fatal  battle  of  the  Blue  Licks.  There  were 
many  widows  and  mourning  friends  and  relatives  left  to 
recount  the  horrors  of  the  Raisin  massacre.  And  Ken- 
tucky has  preserved  the  memory  of  some  of  her  brave 
soldiers  who  lost  their  life  at  that  place  by  naming  various 
counties  of  the  State  after  them,  —  Allen  and  Edmonson, 
Graves,  Hart,  and  Hickman. 

In  August,  1812,  Isaac  Shelby  had  been  elected  governor 
for  the  second  time.     He  had  consented  to  become  the 


THE   WAR   OF    1812 


121 


chief  executive  again,  only  because  the  United  States  was 
involved  in  war.  He  now  exerted  all  his  influence  to 
arouse  the  patriotic  ardor  of  his  fellow  citizens  „  ..  , 

^  Reenforce- 

to   reenforce  the  army  of  the  Northwest  and  ments  from 

11  -r-.     •    •  T-i  ^  r    Kentucky 

retrieve  the  loss  at  Kaisin.  1  housands  or 
Kentuckians  hastened  to  volunteer  for  the  service.  A 
strong  brigade  of  three  thousand  men  was  formed  under 
Brigadier  General  Green  Clay, 
consisting  of  four  regiments 
commanded  by  Colonels  Dud- 
ley, Boswell,  Cox,  and  Cald- 
well. This  force  reached  the 
banks  of  the  Maumee,  oppo- 
site Fort  Meigs,  on  the  night 
of  the  4th  of  May.  In  the 
distance  could  be  heard  the 
cannon  of  the  enemy.  Since 
the  first  day  of  the  month.  Gen- 
eral Proctor  with  about  two 
thousand  British  and  Indians 
had  surrounded  the  camp  of 
the  Americans.  The  fact  of 
the  approach  of  the  Kentuck- 
ians was  borne  to  General  Harrison,  and  orders  were  re- 
turned to  the  brigadier  general. 

The  next  day  General  Clay,  with  the  larger  portion  of 
his  men,  fearlessly  and  successfully  pushed  his  way 
through  the  ranks  of  the  British  to  the  southern  shore 
of  the  river.  With  this  reenforcement,  the  fort  was  en- 
abled to  repel  Proctor's  attack  so  vigorously  that  the  siege 
was  raised  on  the  ninth  day. 

But  the  fate  of  the  other  portion  of  the  Kentucky  troops 
was  far  different.     While  the  main  body  was  proceeding 


Green  Clay 


122  FOUNDTXf.    OF   TITE    COMMONWEALTH 

to  Fort  Meigs,  a  detachment  of  seven  or  eight  hundred 
men,  commanded  by  Colonel  William  Dudley,  had  been  dis- 
Dudiey's  patched  to  the  northern  shore  of  the  riv^er«to 

defeat  storm  the  British  batteries.     In  this  they  were 

successful.  But  other  orders,  which  commanded  them  to 
return  immediately  to  their  boats,  were  misunderstood. 
The  Kentuckians  delayed,  to  return  a  straggling  fire  from 
the  Indians.  They  were  surprised  by  Proctor,  greatly 
outnumbered,  and  completely  defeated.  Many  were  slain 
and  many  wounded.  Again  the  Indians  treated  their 
prisoners  with  the  barbarous  cruelty  that  had  been  prac- 
ticed upon  the  victims  of  the  Raisin  massacre  ;  and  the 
British  did  not  forbid  the  outrage.  Only  one  hundred  and 
fifty  men  escaped,  and  these  also  might  have  been  mur- 
dered if  the  noble  Indian  chief,  Tecumseh,  had  not  jushed 
with  his  sword  drawn,  into  the  midst  of  the  carnage,  and 
controlled  his  savage  brethren. 

Again  Kentucky  was  called   upon  for  reenforcements, 
and  again  she  offered  double  the  number  demanded.    Gov- 
ernor Shelby  announced  that  he  would  take  the  field  in 
person,  and  called  upon  volunteers  to  meet  him 

Kentucky  '  '  ^ 

sends  more  at  Newport.  In  less  than  thirty  days,  four 
thousand  Kentuckians  had  assembled.  Out- 
side of  Kentucky  the  governor  had  no  authority  to  com- 
mand ;  but  his  authority  rested  with  his  men,  whose  con- 
fidence, in  their  leader  expressed  itself  in  the  watchword 
of  the  time,  —  "Old  King's  Mountain  will  lead  us  to  vic- 
tory! " 

It  is  a  fact  of  curious  interest  that  Governor  Shelby 
and  his  large  reenforcement  of  Kentuckians  reached  the 
Result  of  the  camp  of  General  Harrison  just  at  the  moment 
council  of  war  ^y]-,qj-i  Commodorc  Perry  was  landing  with  his 
prisoners  after  his  important  victory  over  Commodore  Bar- 


THE   WAR    OF    1812 


12' 


clay  on  Lake  Erie.  Later  on  a  council  of  war  was  held, 
to  decide  whether  the  American  forces  should  cross  the 
lake  into  Canada  and  pursue  the  British  army,  which  was 
known  to  be  retreatins-. 


Battle  of  Lake   Eri. 


The  practicability  of  pursuing  and  overtaking  Proctor 
was  carefully  argued  and  weighed  as  a  military  proposi- 
tion. But  in  the  mind  of  Governor  Shelby  there  was 
no  hesitation.  He  had  gone  all  that  distance  with  his 
"  Kentucky  boys "  to  meet  the  enemies  of  his  country, 
and  his  determination  was  fixed  to  seek  an  encounter. 
Therefore  an  affirmative  decision  was  cast.  The  order 
was  given  by  General  Harrison  to  parade  the  army  for 
embarkation  on  Perry's  fleet. 


124  FOUNDING   OF  THE   COMMONWEALTH 

Kentuckians    have    always    shown    a    tendency   to    be 

strongly  influenced    by  eloquent    oratory.     On    Governor 

Shelby's   staff  were  two   young  officers,  who 

Power  of  ora-  -'  . 

tory  over  later  became  famous  throughout  the  nation,  ■ — 

Majors  John  J.  Crittenden  and  William  T. 
Barry.  Upon  the  suggestion  of  the  governor,  each  ad- 
dressed the  troops  of  his  State.  Whatever  reluctance  to 
cross  on  to  foreign  soil  may  have  existed  among  them, 
vanished  under  the  fire  of  eloquence  poured  forth  by  the 
young  speakers.  They  recounted  in  picturesque  and  dra- 
matic words  the  wrongs  their  nation  had  endured  from  the 
British,  and  the  awful  slaughter  of  their  countrymen  at 
the  hands  of  the  enemy,  until  every  heart  was  stirred  with 
patriotic  impulses.  ^^  Remember  Raisin,'"  rang  in  their 
ears,  and  all  were  eager  for  action. 

The  march  the  first  day  was  made  in  close  order  in  solid 
columns.  To  the  alert  and  practiced  eye  of  Shelby  this 
The  march  into  manner  of  movement  seemed  to  be  too  slow 
Canada  £qj.  ^j^^  hazardous  undertaking  before  them  — 

that  of  reaching  Proctor  and  bringing  him  to  battle.  He 
communicated  his  fears  to  General  Harrison,  who,  per- 
ceiving at  once  the  truth  of  the  suggestion,  commanded 
that  the  order  of  march  be  changed  in  accordance  with 
Governor  Shelby's  advice.  The  columns,  therefore,  were 
broken,  and  the  army  moved  forward  as  a  great  com- 
pany of  travelers,  each  individual  being  urged  to  the 
utmost  speed.  Colonel  R.  M.  Johnson's  regiment  of 
Kentucky  cavalry  was  pushed  eighteen  or  twenty  miles 
in  advance,  to  prevent  a  surprise.  Soon  all  recognized 
the  advantage  of  the  new  order  of  march.  On  the  third 
day,  straggling  soldiers  from  the  British  army  were  cap- 
tured at  the  crossing  of  different  streams,  and  were  passed 
to   the   rear  of  the    American   army  as  prisoners.      This 


THE   WAR   OF    1812 


125 


fact  gave  hope  and  increased  vigor  to  the  movements  of 
our  men. 

On  the  fourth  day  the  American  army  came  upon  Gen- 
eral Proctor  encamped  at  the  Moravian  town,  on  the 
river  Thames,  eighty-six  miles  northeast  of  xhe  battle  of 
Detroit.  Here  a  decisive  battle  was  fought,  t'le  Thames 
October  5,  18 13.  The  American  force  was  larger  than 
the  British  and  more  cleverly  ordered.  Tecumseh  fell 
early  in  the  action,  and  the  Indians  grew  disheartened 
at  the  loss  of  their  great  chief.  The  result  was  complete 
victory  for  the  Americans  and  an  end  to  the  war  in  the 
Northwest. 

Almost  the  entire  force  was  from  Kentucky,  and  many 
distinguished  men  were  included  in  its  number,  —  General 
John  Adair,  who  fought  brave- 
ly at  the  battle  of  New  Or- 
leans, and  afterward  became 
governor  of  his  State ;  Barry 
and  Crittenden,  already  men- 
tioned ;  General  Joseph  Desha, 
prominent  in  the  political 
affairs  of  his  day,  and  also  des- 
tined to  be  governor  of  Ken- 
tucky;  the  gallant  Colonel 
Richard  M.  Johnson,  the 
slayer  of  Tecumseh ;  and  Col- 
onel Charles  S.  Todd,  who  in 
the  times  of  peace  served  his 
country  in  the  halls  of  Con- 
gress  and   as   an   ambassador   to   Russia. 

A  treaty  of  peace  was  signed  at  Ghent,  December, 
1814;  but  before  the  news  reached  this  country  several 
more  battles  were  fought.     Of  these,  the  only  one  which 


Richard  M.  Johnson 


126 


FOUNDING    OF   THE   COMMONWEALTH 


concerns  the  history  of  Kentucky  was  the  brilHant  bat- 
tle of  New  Orleans,  January  8,  1815.  The  British  forces 
Battle  of  were    commanded    by    Sir     Edward     Paken- 

New Orleans  ham;  the  American,  by  General  Andrew 
Jackson  of  Tennessee.  Here  again  Kentuckians  rendered 
important  assistance,  and  again  had  the  joy  of  partici- 
pating in  a  triumph.  It  has  been  said  of  them  that  they 
"  formed  the  strength  of  that  central  force  which  repulsed 
Pakenham." 

RECAPITULATION 


England  and  Fiance  at  war. 

United  States  neutral. 

American  commerce  interrupted. 

Sailors  captured  by  England. 

United  States  resents  the  insult. 

Declares  war,  June,  1812. 

Kentucky  enthusiastic  for  the  war. 

One  hundred  thousand  militia  ordered 
to  be  raised. 

Kentucky  furnishes  seven  thousand. 

Gives  her  worthiest  sons. 

Two  thousand  troops  leave  George- 
town. 

Their  request  of  Governor  Scott. 

A  council  of  distinguished  men. 

General  Harrison's  appointments. 

He  becomes  commander  of  the  Ken- 
tucky militia,  and  of  the  army  of 
the  Northwest. 

He  leaves  Lexington  for  his  post. 

The  Kentucky  brigade  reaches  the 
Northwest. 

Is  not  long  inactive. 

Battle  at  Frenchtown. 

British  driven  from  the  village. 

General  Winchester  arrives. 

Makes  no  preparation  for  an  attack. 

Is  surprised  by  Proctor. 

Fate  of  Colonel  Wells's  regiment. 


Heroism  of  Lewis,  Allen,  and  others. 
Kentuckians  obliged  to  surrender. 
British  promise  safety  to  prisoners. 
Promise  not  fulfilled. 
Indians  become  intoxicated. 
Terrible  slaughter  of  prisoners  takes 

place. 
Counties  named  for  slain  officers. 
Isaac  Shelby  again  governor. 
Brigadier  General  Green  Clay. 
He  reaches  Fort  Meigs. 
Clay  divides  his  force. 
Reenforces  General  Harrison. 
Dudley's  defeat. 
Again  prisoners  are  butchered. 
Tecumseh's  timely  appearance. 
Governor  Shelby's  call  for  volunteers. 
Four  thousand  meet  him  at  Newport. 
The  governor  takes  command. 
Dramatic  meeting  at  Harrison's  camp. 
Decision  to  pursue  Proctor. 
Speeches  of  Crittenden  and  Barry. 
The  battle  of  the  Thames. 
Death  of  Tecumseh. 
End  of  the  war  in  the  Northwest. 
Distinguished    Kentuckians    in    the 

battle. 
Brilliant  battle  of  New  Orleans. 
Kentucky's  part  in  the  victory. 


CHAPTER    XII 

LOCAL   AFFAIRS,   i8i 6-1835 

War  was  now  at  an  end,  but  peace  did  not  await  the 
people  of  Kentucky.  They  were  about  to  enter  a  political 
conflict  as  severe  as  any  they  had  ever  fought  The  return  to 
with  arms.  The  first  contest  in  the  legislature  state  affairs 
arose  in  18 16,  when  George  Madison,  the  newly  elected 
governor,  suddenly  died,  and  the  question  whether  the 
legislature  had  the  power  to  order  a  new  election  came  up 
for  decision.  After  a  fight,  the  vote  was  cast  in  the  nega- 
tive, and  Gabriel  Slaughter,  the  lieutenant  governor,  be- 
came governor.  He  fulfilled  the  duties  of  that  position 
until  1820,  although  the  matter  was  not  suffered  to  rest 
with  this  first  decision,  and  was  repeatedly  agitated  during 
various  sessions  of  the  legislature.  But  the  disturbance 
thus  caused  was  as  an  ordinary  strong  wind  to  a  cyclone 
in  comparison  with  the  storm  which  was  caused  by  the 
financial  condition  of  the  country. 

While  war  prevailed  in  Europe,  America  had  been  cut 
off  from  foreign  trade.  The  capital  of  the  country  was 
therefore  employed  in  establishing  factories  Financial 
for  home  manufactures.  But  when  the  war  in  depression 
Europe  was  over,  foreign  goods  were  again  sent  over  to 
the  United  States.  The  newly  established  trades  of  this 
country  could  not  at  once  compete  with  the  cheaper  and 
better  commodities  of  the  older  country ;  hence  resulted  a 

127 


128  FOUNDING   OF  THE   COMMONWEALTH 

temporary  financial  depression.  Furthermore,  during  the 
European  wars,  and  the  war  of  America  with  England, 
gold  and  silver  had  been  banished  from  circulation,  and 
in  their  place  had  been  substituted  a  paper  currency, 
which  gave  a  high  nominal  value  to  commodities.  The 
return  to  specie  payment  lowered  this  value,  and  the 
result  was  very  general  bankruptcy.  Beside  these  causes 
of  disaster,  the  country  was  burdened  with  an  enormous 
war  debt. 

For  a  time  Kentucky  was  in  a  prosperous  condition. 
Her  portion  of  the  war  debt  was  promptly  paid.     Manu- 

factories  sprang  up  all  over  the  State.  In 
financial  Lexington   alone,   in    1817,   there    were    more 

than  sixty  mechanical  shops,  and  Louisville, 
the  town  next  in  importance,  soon  vied  with  Lexington. 
The  increase  of  trade  in  the  State  demanded  a  better  cir- 
culating medium  than  had  existed  before.  In  the  earliest 
days,  skins  of  wild  animals  had  constituted  the  only  cur- 
rency. Later  on,  Spanish  milled  silver  dollars  were  intro- 
duced. These  were  cut  into  four  parts  to  make  quarters, 
which  again  were  cut  to  obtain  smaller  bits.  Of  course 
dishonesty  resulted  and  great  loss  was  caused,  and  the  need 
for  something  more  satisfactory  was  strongly  felt. 

We  have  learned  that  Kentuckians  were  opposed  to 
banks.  In  1817,  there  existed  in  the  State  only  one  such 
Independent  institution,  the  Bank  of  Kentucky,  which  was 
banks  on    a    solid   foundation.     But,  moved   by    the 

chartered  ,  _  ^ 

exigencies  of  the  time,  the  people  went  to 
rash  extremes.  The  legislature  of  181 7-1 8  chartered 
forty-six  independent  banks  which  were  not  required  to 
redeem  their  notes  with  specie.  The  State  was  flooded 
with  the  paper  of  these  banks,  and  a  mere  shadow  of 
prosperity  hung  over  the  people.     Speculation   rose  to  an 


LOCAL  AFFAIRS  1 29 

exorbitant  degree.  Then  the  shadow  disappeared,  and  the 
true  financial  condition  was  exposed.  Before  the  end  of 
the  year  18 18,  most  of  these  unsubstantial  banks  were 
wrecked;  and,  in  1820,  the  legislature  repealed  the  char- 
ters which  gave  them  existence. 

With  the  banks  went  under  also  a  vast  number  of 
speculators  who  had  relied  upon  them.  The  suffering 
from  debt  was  terrible.  The  cry  for  some  means  of  relief 
resounded  throughout  the  State.  And  now  began  an 
intense  political  conflict. 

The  State  became  divided  into  two  bitterly  antagonis- 
tic factions,  known  as  the  Relief  and  Anti-Relief  parties. 
Each  enrolled  many  of  the  distinguished  names  two  new 
of  the  time.  On  the  one  side  may  be  men-  state  parties 
tioned  William  T.  Barry,  George  M.  Bibb,  Joseph  Desha, 
John  Trimble,  and  John  Rowan ;  on  the  other,  Richard  C. 
Anderson,  John  J.  Crittenden,  R.  A.  Buckner,  Sr.,  George 
Robertson,  Christopher  Tompkins,  and  Robert  Wickliffe. 
At  first  the  Relief  party  was  stronger  in  the  State.  The 
great  mass  of  debtors  were  in  favor  of  the  measures  it 
advocated.  General  John  Adair  and  Major  William  T. 
Barry,  both  Relief  candidates,  were  elected  governor  and 
lieutenant  governor. 

As  a  "relief  measure,"  the  legislature  of  1820-21  char- 
tered the  Bank  of  the  Commonwealth.  This  bank  was 
allowed  to  issue  $3,000,000  of    paper  money.   Bank  of  the 

d-       1    ,  1  •.  .         •       Commonwealth 

was  not  required  to  redeem  its   notes  in 

specie.     Soon  the  paper  of  the  bank  fell  far  below  its  face 

value,  and  creditors  refused  to  receive  it  in  payment  of 

their  debts.     But  the  legislature  had  passed  a  further  act, 

known  as  "the    two   years'    replevin   law,"   under  which 

every  creditor  was   obliged  to  accept  in  payment   of    his 

debt  the   paper  of   the   Bank   of   the  Commonwealth,   or 

KENT.   HIST.  —  9 


130  FOUNDING   OF   THE   COMMONWEALTH 

receive  nothing  at  all  for  two  years,  with  the  risk  at  the 
end  of  that  time  of  further  delays,  or  the  failure  of  his 
securities. 

The  question  of  the  power  of  the  legislature  to  pass 
such  an  act  was  brought  before  the  judges  of  the  State. 
Judge  Clark's  The  first  to  give  an  opinion  on  the  point 
decision  ^^^^^  Circuit  Judge  James  Clark,  of  the  Clark 

County  district,  who  fearlessly  declared  the  act  unconsti- 
tutional. The  Relief  party  was  strong  in  numbers  and 
power.  The  storm  raged  about  him ;  but  no  recognition 
of  individual  loss  made  Clark  waver  in  pronouncing  the 
judgment  which  seemed  to  him  correct.  He  was  brought 
before  the  legislature  in  the  spring  of  1822,  and  reso- 
lutions were  entered  requiring  the  governor  to  remove  him 
from  office.  The  resolutions,  however,  failed  to  receive  the 
necessary  two-thirds  vote,  and  were  consequently  lost. 

All  now  anxiously  awaited  the  decision  of  the  court  of 
appeals.  This  highest  tribunal  of  the  State  was  then  filled 
.  by   men    of   recognized    integrity    and    unsur- 

the  court  of  passcd  legal  ability.  John  Boyle  was  chief 
justice,  William  Owsley  and  Benjamin  Mills, 
associate  justices.  In  the  midst  of  an  intense  excitement 
which  pervaded  the  entire  State,  the  judges  maintained 
a  dignified  silence,  and  awaited  the  time  when  they  should 
be  called  upon  to  give  a  decision  as  a  court.  This  occurred 
in  the  autumn  of  1823. 

The  verdict  of  the  court  sustained  the  decision  of  Clark 
and  the  other  judges  who  had  concurred  with  him,  and 
declared  the  "replevin  law"  unconstitutional;  that  is, 
directly  in  opposition  to  the  constitution  of  the  United 
States,  which  provides  that  no  State  has  the  right  to  pass 
any  law  which  shall  impair  the  obligation  of  contracts. 
Now,  there  were  many  men  in  Kentucky  at  this  time  who 


LOCAL  AFFAIRS 


131 


Temporary 
power  of  the 
Relief  party 


believed  that  a  State  had  the  right  to  nullify  or  disobey  a 
law  of  the  United  States,  if  that  law  interfered  with  what 
seemed  to  them  the  right  of  the  State.  Thus  was  brought 
into  the  controversy  the  old  point  of  divergence  between 
the  Federalist  and  Democratic  parties  of  1798. 

The  mass  of  the  people  were  for  the  time  in  sympathy 
with  the  Relief  party.  The  decision  of  the  judges  awak- 
ened great  opposition  and  caused  intense  ex- 
citement in  the  State  elections  of  1824.  The 
result  was  victory  for  the  Relief  party.  Gen- 
eral Joseph  Desha,  the  Relief  candidate,  was  elected  gov. 
ernor  by  a  majority  of  nearly 
sixteen  thousand  over  his  oppo- 
nent, Christopher  Tompkins,  of 
the  opposite  faction ;  and  Gen- 
eral Robert  B.  McAfee,  also  a 
Relief  candidate,  was  elected 
lieutenant  governor  by  a  major- 
ity of  about  eight  thousand  over 
William  B.  Blackburn,  of  the 
Anti-Relief  side.  The  Relief 
party  also  had  a  majority  in 
both    houses  of  the  legislature. 

The   judges    of   the  court  of 
appeals  held  ofifice  for  life,  dur- 
ing good  behavior.     They  could  only  be  removed  by  the 
concurrence    of    two   thirds    of    both    houses.   ^,^      ^  , 

Old  court  of 

That    their    removal    might   be   accomplished,   appeals 
the  judges  were  brought  before  the  legislature 
the  following    December.     But  as  in  the   case    of   Judge 
Clark,  the  number  of  votes  necessary  for    their    removal 
was  not  obtained.     Nevertheless,  it   was    the  will  of   the 
majority  that  the  judges  should  be  removed. 


^^^/'^^j^i 


Joseph  Desha 


132  FOUNDING   OF  THE   COMMONWEALTH 

Another  means  to  accomplish  this  object  was  now  re- 
sorted to.  A  bill  was  introduced  to  repeal  the  act  under 
which  the  court  of  appeals  had  been  established.  If  this 
were  carried,  then  a  new  court  might  be  organized  in 
harmony  with  the  will  of.  the  people.  For  three  days, 
before  crowded  houses,  the  bill  was  debated.  Each  side 
put  forth  its  best  efforts  in  this  unique  contest.  Logical 
and  brilliantly  illogical  arguments  mingled  with  the  bold 
charge  and  counter-charge  of  the  combatants.  The  bill 
passed  both  houses  by  a  large  majority,  and  was  signed 
by  the  governor. 

A  new  court  of  appeals  was  soon  organized.     William 

T.  Barry  was  appointed  chief  justice,  John  Trimble,  James 

Haggin,  and  Rezin  H.  Davidge,  associate  ius- 

A  new  court  fc>&      '  o    '  J 

of  appeals  ticcs.  The  clerk  of  the  old  court  refused  to 
give  up  the  papers  and  records  of  the  court 
to  the  new  clerk,  whereupon  the  office  was  broken  open  to 
obtain  them. 

During  all  this  time  of  trial,  the  old  judges  stood  firm 
in  their  conviction,  and  continued  to  sit  as  a  court,  in  spite 
of  opposition.  A  majority  of  the  lawyers  recognized 
them  as  the  only  court  and  obeyed  their  decisions.  Some 
recognized  the  new  court,  and  others  refused  to  decide 
between  them. 

An  entertaining  incident,  which  expresses  the  high 
excitement  of  this  time,  is  recorded  as  having  taken  place 
How  a  riot  ■  in  Lexington.  There  occurred  in  the  streets 
was  quieted       ^^  ^^^^  ^^^^^^  ^  regular  pitched  battle  on  this 

subject.  Men  appeared  armed  with  pickaxes,  with  which 
they  tore  up  the  sidewalks,  that  they  might  have  bricks 
to  hurl  at  those  who  differed  from  them.  When  the 
riot  was  at  its  height,  R.  J.  Breckinridge  and  Charlton 
Hunt,  young  men  then  in  the  beginning  of  their  careers, 


LOCAL   AFFAIRS 


133 


came  out  with  locked  arms  and  walked  through  the  midst 
of  the  combatants.  These  young  men  were  opposing 
candidates,  the  former  being  an  adherent  of  the  old  court 


How  a  Riot  was  Quieted 


and  the  latter,  of  the  new  court.  It  is  needless  to  add 
that  the  rioters  were  covered  with  shame,  and  quiet 
ensued. 


134  FOUNDING  OF  THE  COMMONWEALTH 

Party  names  were  now  shifted.     The  Relief  party  be- 
came the   New  Court  party ;    the  Anti-Relief   party,  the 
Old  Court  party.     The  elections  of   1825  were 

Old  Court  and  .      . 

New  Court  f  ought  Under  this  issue.  The  storm  had  gath- 
^  ered  velocity  as  it  raged.     This  was  the  most 

exciting  period  in  the  whole  tempest.  But  a  calm  was 
soon  to  follow.  The  result  indicated  a  great  change  in 
the  sentiment  of  the  people.  A  large  majority  of  the  Old 
Court  candidates  was  elected  to  the  House,  and  the  fol- 
lowing year  a  majority  of  that  party  was  likewise  gained 
in  the  Senate. 

The  new  court  was  abolished  and  its  acts  annulled.  The 
old  court  was  reestablished,  and  the  salaries  were  paid  to 
the  judges  for  the  time  during  which  they  had  been  de- 
barred from  office.  Of  course  the  "replevin  law"  was 
now  repealed.  The  paper  of  the  Bank  of  the  Common- 
wealth was  destroyed,  and  branches  of  the  United  States 
Bank  were  established  at  Louisville  and  at  Lexington. 
Again  the  conservative  element  was  victorious  in  Ken- 
tucky. 

Quiet  being  now  attained,  a  matter  of  national  politics 
next  divided  the  people  of  the  State.  In  1824,  the  vote 
Henry  Clay's  for  United  States  President  was  thrown  into 
o?pow?rTn°''  the  House  of  Representatives.  H'enry  Clay, 
Kentucky  member  of  Congress  from  the  Ashland  district, 

cast  his  vote  for  John  Ouincy  Adams,  and  it  was  perhaps 
due  to  -Clay's  exertion  that  Adams  was  elected.  The 
majority  of  Kentuckians  were  eager  for  the  election  of  Gen- 
eral Jackson,  the  closest  contending  candidate.  Clay's  sup- 
port of  Adams  was  received  with  disapproval  throughout 
the  State.  This  dissatisfaction  among  his  own  people  arose 
at  the  time  of  Clay's  highest  national  power.  He  had  just 
succeeded  in  carrying   in   Congress  his   famous  Missouri 


LOCAL  AFFAIRS 


135 


John  Quincy  Adams 


Compromise  bill,  by   which  the   difficulties    between    the 
North  and  South    on    the   slavery  question  were    tempo- 
rarily   subdued.      Although    an   account    of    Clay's    work 
belongs  more  to  the  history  of 
the  United  States  than  to  that 
of  Kentucky,  his  influence  was 
so    distinct    upon    the    political 
affairs    of    the    Commonwealth 
during  his  day,  that  it  must  not 
be  lost  sight  of. 

The  mass  of  the  Old  Court 
party,  which  represented  the  con- 
servative element  of  the  State, 
warmly  upheld  Clay.  This  fac- 
tion now  became  merged  into  a 
new  party  that  had  adopted  the 

name  National  Republican,  while  the  disagreeing  faction 
united  with  the  Democratic  Republican  party.  The  oppo- 
sition to  Adams  had  been  obliged  to  smolder  change  of  party 
during  the  time  of  local  agitation  ;  but  when  °^™®^ 
he  was  offered  as  candidate  for  reelection  against  Jackson, 
the  latter  carried  the  State  by  a  majority  of  eight  thousand. 
The  Democratic  Republicans  carried  also  all  the  State 
elections  with  the  exception  of  that  of  governor.  Thomas 
Metcalf,  the  candidate  on  the  National  Republican  ticket, 
was  elected  over  William  T.  Barry,  by  a  majority  of  only 
a  few  hundred. 

For  a  time,  the  control  of  State  politics  wavered  between 
these  two  parties.  But  finally,  Henry  Clay's  great  ability 
forced  for    him    the    renewed  support   of    his 

'  ^  Triumph  of  the 

fellow  citizens.     In  i83i,hewas  elected  to  the  NationaiRe- 
United  States  Senate.     Although  the  National  ^" 
Republicans    obtained    a  majority    in    the  legislature,  the 


136 


FOUNDING   OF  THE   COMMONWEALTH 


triumph    of     that    party    in    the    State    was    not   yet    as- 
sured. 

A  vigorous  contest  for  governor  occurred  in  1832,  and 
the    Democratic    Republican    candidate,    John    Breathitt, 

was  elected  over  Judge 
"'-"™  : -      r-7-T--r^—- ^T^l      j^_  ^_  Buckncr,  Sr.,  by 

;  a  small  majority.  In 
the  exciting  presidential 
i  campaign  of  1832,  Clay 
and  Jackson  were  op- 
posing candidates.  The 
State  gave  Clay  a  ma- 
jority of  over  seven 
thousand  votes.  Thus 
also  was  attained  the 
complete  victory  of  the 
National  Republican 
party  in  Kentucky. 
Under  various  names 
and  through  various 
changes,  that  party 
held  control  of  the  politics  of  the  State  thereafter  for 
more  than  thirty  years. 

In  the  spring  of  1825,  Kentucky  arrayed  lierself  in 
proudest  attire  to  do  honor  to  the  French  hero  of  the 
Social  and  lit-  Revolution,  the  Marquis  de  Lafayette.  The 
erary  matters  distinguished  visitor  was  received  with  ova^ 
tions  at  Louisville,  Frankfort,  Versailles,  Lexington,  and 
Maysville ;  and  each  place  vied  with  the  other  in  the  grace 
of  the  dinners  and  balls  given  him.  The  State  had  now 
recovered  from  its  first  financial  crisis,  and  home  life  in 
the  largest  towns  was  as  luxurious  as  that  in  Philadelphia 
or  Boston. 


Andrew  Jackson 


LOCAL  AFFAIRS 


137 


Perhaps  this  was  the  era  of  Kentucky's  highest  fame. 
Her  statesmen  towered  by  the  side  of  the  greatest  in  the 
Union.  Her  lawyers  were 
renowned.  Transylvania 
University,  under  the  presi- 
dency of  the  accomplished 
and  fascinating  Dr.  Horace 
Holly,  had  attained  high 
rank,  and  was  recognized 
as  a  great  institution  of 
learning,  not  only  in  the 
United  States,  but  abroad. 
For  seven  years  Professor 
C.  S.  Rafinesque,^  known 
to  the  scientists  of  the 
world,  had  occupied  the 
chair  of  Natural  Sciences 
and  Modern  Languages.  During  this  time,  he  projected  his 
dream  of  establishing  botanical  gardens  at  Lexington,  and 
though  he  was  unsuccessful  in  this  undertaking,  it  added 
a  charm  to  the  town  and  to  the  State.  By  Dr.  Holly's 
resignation  in  1825  the  University  suffered  a  loss,  but  the 
brilliancy  of  his  day  lingered  over  it  for  years. 

In  Lexington,  also,  during  this  time,  was  established  a 
Lyceum,  or  literary  society,  in  which  the  best  talent  of  the 
day  took  part  in  lectures  and  debates.     Here,   „ 

-^  ^  _  Scientific  and 

in    1827,  Thomas  Harris   Barlow   constructed  artistic  pro- 
the  first  model  railroad   and  locomotive  ever 
successfully    run     in    western     America,     and    here    he 
achieved  his  most  complete  invention,  known  as  Barlow's 
Planetarium.     Neither   was    Kentucky  barren    of   artistic 


Marquis  de  Lafayette 


1  The  Life  and  Writings  of  C.  S.  Rafinesqne.     By  Richard  Ellswortli  Call, 
M.A.,  M.Sc,  M.D.     Filson  Club  Publication  No.  lo. 


138 


FOl'XDIXr.    OF   THK   COMMC  )\\VKAI,TH 


productions.  During  tliis  time  Matthew  Harris  Jouett  was 
producing  a  series  of  portraits  which  have  given  to  his 
name  an  ever-increasing  fame.  Many  prominent  Ken- 
tuckians  of  his  day  were  painted  by  him.  On  the  walls 
of  the  old  homesteads  of  the  State  hang  these  priceless 

relics  of  cherished 
ancestors.  Jouett, 
whose  Revolution- 
ary forefathers  had 
taken  part  in  the 
founding  of  the 
Commonwealth, 
was  born  in  Mer- 
cer County,  April 
22,  1/88,  and  died 
in  Fayette  County, 
August  lO,  1827, 
at  the  early  age  of 
thirty-nine.  Some- 
thing of  his  talent 
for  making  por- 
traits and  for 
beauty  of  coloring 
descend'ed  to  his 
pupil,  Oliver  Frazer  of  Le.xington  (born  1808,  died  1854). 
Older  in  point  of  time  than  the  latter  was  another  artist- 
son  of  Lexington,  Joseph  H.  Bush  (born  1793,  died  1865), 
w^ho  did  vigorous,  though  perhaps  less  polished  work  than 
the  others  mentioned. 

One  of  the  most  celebrated  of  Kentucky  artists  was  the 
sculptor,  Joel  T.  Hart,  who  was  born  in  Clark  County  in 
1 8 10,  and  died  in  Florence,  Italy,  in  1877.  Hart's  circum- 
stances were  restricted,  and  he  was  obliged  to  begin  his 


Matthew  H.  Jouett 


LOCAL   AFFAIRS 


139 


career  as  a  stonemason.  But  by  virtue  of  the  genius 
within  him,  and  that  necessary  accompaniment  to  genius, — 
the  power  to  labor  unfalteringly,  —  he  succeeded  in  the 
profession  toward  which  his  ideal  ever  aspired.  He  made 
several  statues  of  prominent  men  of  the  day ;  but  his  chief 
claim  to  fame  rests  upon  the  imaginative  group  to  which 
he  gave  the  name  Woman  Triumphant.^  He  spent  twelve 
years'-  work  upon  this  statue,  death  alone  ending  his 
efforts  to  perfect  it. 


RECAPITULATION 


George  Madison,  newly  elected  gover- 
nor, dies. 

Power    of  legislature    to    order  new 

,   election  agitated. 

Gabriel  Slaughter,  lieutenant  gover- 
nor, succeeds. 

European  wars  interrupt  foreign 
trade. 

Home  manufactories  established. 

War  ended,  foreign  trade  resumed. 

American  manufactories  fail. 

Gold  and  silver  banished  from  use. 

Commodities  bring  high  prices. 

Specie  payment  resumed  after  the 
war. 

Financial  depression  ensues. 

Kentucky  prosperous  for  a  time. 

Shops  in  Lexington  and  Louisville. 

Unique  currency  of  the  early  days. 

A  better  currency  needed. 

Wild  extreme  of  the  legislature. 

Forty-six  banks  chartered. 


State  flooded  with  paper  money. 

Banks  and  speculators  break. 

Commonwealth's  Bank  a  "relief" 
measure. 

"  Two  years'  replevin  law  "  passed. 

Judge  Clark  decides  against  the  law. 

Failure  of  attempt  to  remove  him 
from  office. 

Court  of  appeals  concurs  with  Judge 
Clark. 

State  rights  element  in  the  ques- 
tion. 

Relief  party  carries  the  .State. 

General  Joseph  Desha  governor. 

Failure  of  attempt  to  remove  court  uf 
appeals  judges. 

Charter  of  the  court  of  appeals  re- 
pealed. 

A  new  court  organized. 

Old  court  firmly  guards  papers,  etc. 

New  court  takes  forcible  possession. 

An  entertaining  incident. 


'  In  1884  a  Hart  Memorial  Association  was  organized  at  Lexington  by 
Mrs.  Issa  Desha  Breckinridge,  for  the  purpose  of  raising  $5000  with  which  to 
purchase  of  Messrs.  Tiffany  &  Co.,  of  New  York,  Woman  Triumphant.  The 
statue  was  secured,  and  is  now  in  one  of  the  i)ublic  buildings  of  the  city. 


I40 


FOUNDING   OF  THE  COMMONWEALTH 


Old  Court  and  New  Court  parties. 

A  change  of  sentiment  in  the  State. 

Old  Court  party  victorious. 

A  return  to  national  politics. 

Henry  Clay's  vote  for  President 
Adams. 

Dissatisfaction  occasioned  in  Ken- 
tucky. 

Two  new  parties. 

The  Democratic  Republicans  elect  all 
the  State  officers  except  governor. 

Thomas  Metcalf  chosen  governor. 

Victory  wavers  between  the  two  par- 
ties. 


John  Breathitt,  Democratic  Repub- 
lican, elected  governor. 

Henry  Clay  elected  to  the  United 
States  Senate. 

Final  triumph  of  National  Repub- 
licans in  the  State. 

Lafayette's  visit  to  Kentucky. 

A  brilliant  era. 

Transylvania  University. 

Dr.  Holly  and  Professor  Rafmesque. 

Botanical  gardens  projected  at  Lex- 
ington. 

Thomas  H.  Barlow,  inventor. 

The  artists  of  Kentucky. 


CHAPTER   XIII 


CIVIL   AFFAIRS   AND   THE   MEXICAN   WAR,    1836-1849 


The    National   Republican    party  became   merged  into 
the  Whig  party,  and  the  affairs  of   Kentucky  were  now 
controlled  by  that  conservative  element.     As  Rise  of  the 
an  evidence  of  this  change  of  sentiment  in  the  ^^'^  ^^"^^^ 
State,    James    Clark,    the   judge   who    gave    the    decision 
against  the  replevin  laws,  was  elected  governor  in   1836. 
The  elections  of  the   following 
year  gave  a  continued  triumph 
to  the  Whigs.     It  was  as  a  re- 
sult of    a  congressional  contest 
of  this  year  that  one  of  the  most 
gifted    sons    of    Kentucky    was 
brought  within  the  recognition 
of  the  nation. 

Among  those  men  who  shed 
luster   upon     Kentucky    in    the 

Richard  H.         early   days    of    the 

Menefee  ^  ^ 

present     century, 

none  surpassed,  if  any  equaled, 
Richard  H.  Menefee.  He  was 
born  in  Bath  County  in  1809. 
His  public  career  began  in 
1832,  before  he  had  completed 

his  twenty-third  year,   when   he  was  appointed  Common- 
wealth's attorney.     With  one  term  in  the  State  legislature, 

141 


Richard  H.  Menefee 


142 


FOUNDING   OF  THE   COMMONWEALTH 


one  term  in  the  Congress  of  the  United  States  as  the 
Whig  representative  of  his  district,  and  less  than  two 
years'  legal  practice  at  the  Fayette  bar,  his  brief  life 
closed  at  the  age  of  thirty-two.  In  legal  ability  and  the 
powers  of  oratorical  persuasion  he  has  never  been  sur- 
passed, and  in  those  dis- 
tinctive characteristics  of 
high-spirited  chivalry  which 
mark  the  Kentuckian,  he  has 
never  had  a  superior.  But 
his  name  is  connected  with 
no  great  event  in  history. 
Such  men  are  forgotten  un- 
less they  are  held  up  in  grate- 
ful remembrance  before  the 
people  of  the  State  upon 
which  they  brought  honor 
in  their  day  and  generation. 
And  it  must  be  understood 
that  this  was  the  day  of 
great  men  in  Kentucky. 
From  the  long  list  of  nota- 
ble names,  one  or  two  may  be  selected  as  representative 
of  the  others.  Thomas  F.  Marshall  was  born' in  Frank- 
Thomas  f  ^°^''-'  J^^^^  7)  1 80 1,  and  died  at  his  old  home, 
Marshall  " Buck  Pond,"  near  Versailles  in  Woodford 
County,-  September  22,  1864.  In  wide  scholarship  and 
fervent,  imaginative  oratory  he  was  rarely  gifted.  As 
a  speaker  he  possessed  the  rather  unusual  combination  of 
vigorous  logic  and  captivating  brilliancy.  If  his  moral 
character  had  equaled  his  intellectual  ability,  he  might 
have  made  an  enduring  impression  upon  his  country. 
In  the  beginning  of  his  second  term.  President  Jackson 


Thomas  F.  Mai'ohall = 


CIVIL   AFFAIRS   AND   THE   MEXICAN    WAR 


143 


vetoed  the  bill  to  recharter  the  Bank  of  the  United  States. 
As  a  result  of  this  measure  State  banks  sprang  up  all 
over  the  Union.  The  legislature  of  Kentucky,  in  1833-34, 
established  the  Bank  of  Kentucky,  the  Bank  Financial 
of  Louisville,  and  the  Northern  Bank  of  Ken-  ^^^'^^^'^'^ 
tucky.  Paper  money  became  abundant;  as  usual,  specula- 
tion increased,  and  bankruptcy  followed.  In  the  year 
1837,  all  the  banks  in  the  United  States  were  obliged  to 
suspend  specie  payment.  By 
prudent  management,  however, 
they  were  able  to  resume  specie 
payment  the  following  year. 
But  unfortunately  for  the  coun- 
try, the  spirit  of  speculation  had 
been  stifled  only  momentarily, 
not  destroyed.  Business  ven- 
tures increased,  and  again,  the 
next  year,  there  occurred  a  uni- 
versal suspension  of  banks.  This 
financial  depression  not  only  ex- 
isted in  Kentucky,  but  was  gen- 
eral throughout  the  United  States  for  several  years.  In 
1842  an  attempt  was  made  to  revive  the  old  "relief 
measures."  But  there  was  no  danger  now  of  the  passage 
of  any  radical  laws  by  the  legislature.  The  people  had  at 
last  learned  that  legislation  does  not  remedy  evils. 

Still  the  Whigs  led  in  State  politics.  In  1840,  Robert 
P.  Letcher,  who  had  been  a  member  of  Congress  for  ten 
years,  was  elected  governor  by  a  majority  of  continued 
nearly  sixteen  thousand  votes  over  the  nomi-  '^•^^s  ^^o'ltroi 
nee  of  the  Democratic  party  —  by  which  name  the  Demo- 
cratic Republicans  were  now  called.  But  the  political 
contests  of   1844  were  the  most  exciting  that  had  occurred 


144  FOUNDING   OF  THE   COMMONWEALTH 

in  the  State  for  many  years.  The  Whig  nominee  for 
governor  was  Judge  WiUiam  Owsley,  who  will  be  remem- 
bered as  one  of  the  distinguished  judges  of  the  old  court 
of  appeals  during  the  famous  controversy.  The  Demo- 
cratic nominee  was  the  popular  Major  William  O.  Butler, 
later  General  Butler  of  the  Mexican  War.  Butler  was  a 
man  of  ability.  Furthermore,  he  had  been  a  brave  sol- 
dier. He  had  survived  the  slaughter  at  Raisin  and  par- 
ticipated in  the  victory  at  New  Orleans.  Nevertheless, 
the  Whigs  carried  the  day.  Judge  Owsley  was  elected 
by, a  majority  of  about  forty-five  hundred  votes. 

In  the  autumn  of  this  year  the  election  for  President 
of  the  United  States  took  place.  Again  Henry  Clay  had 
Issue  of  the  been  chosen  the  nominee  of  the  Whig  party, 
presidential        Kentucky  stood  true  to  Clay,  and  gave  him  a 

election  .      .      -^  j  c 

majority  of  over  nine  thousand  votes.  But 
James  K.  Polk,  of  Tennessee,  was  elected  after  a  very 
close  contest.     The  issue  had  turned  upon  the  question  of 

the  annexation  of  Texas  to  the 
United  States.  Clay  opposed  this 
measure  for  various  reasons,  two 
of  which  were  that  it  would  in- 
crease the  slave-holding  territory 
in  the  United  States,-  and  that 
it  would  inevitably  result  in  war 
with  Mexico.  Just  before  the 
inauguration  of  Polk,  and  under 
his  advice,  the  acting  President, 
Tyler,  signed  the  bill  for  the  an- 

James  K.  Polk  .;         >        & 

nexation  of  Texas  to  the  Union. 
As    had  been  foreseen  by  Clay,  war  with  Mexico  was 
inevitable.     Immediately  after  the  annexation  was  accom- 
plished, the   authorities  of  Texas  sent  an  urgent  request 


CIVIL   AFFAIRS   AND   THE   MEXICAN   WAR 


145 


to  the  President  to  forward  an  army  for  their  protection. 
General  Zachary  Taylor,  of  the  United  States  outbreak  of  the 
army,  a  Kentuckian  by  adoption,  was  dis-  Mexican  war 
patched.  Hostilities  immediately  began.  On  the  13th 
of  May,  1846,  Congress  declared  war  with  Mexico.  Al- 
though the  people  of  Kentucky, 
by  their  vote  for  Clay,  had 
shown  their  opposition  to  the 
measure  which  brought  about 
the  Mexican  War,  yet,  when 
war  was  declared,  they  were 
ready,  as  they  had  always  been, 
to  aid  the  Union  in  her  time 
of  need.  Of  the  fifty  thou- 
sand troops  which  the  President 
called  for,  Kentucky  quickly 
offered  ten  thousand  and  many  zachary  Taylor 

more    were   eager  to   be  called 

into  service.  Three  of  the  important  oflficers  of  this  war  were 
Kentuckians,  —  Zachary  Taylor,  major  general  of  the  regu- 
lar army  ;  William  O.  Butler,  major  general  of  volunteers  ; 
and  Thomas  Marshall,  brigadier  general  of  volunteers. 

One  hundred  and  five  companies,  nearly  twice  as  many 
as  were  called  for,  went  out  from  Kentucky  to  join  General 
Taylor's  army.  The  first  regiment  of  infantry,  Kentucky 
comprising  nine  companies  from  Louisville,  '^''""p® 
was  commanded  by  Colonel  Ormsby;  the  second,  by 
Colonel  William  R.  McKee,  of  Lexington,  Lieutenant 
Colonel  Henry  Clay,  Jr.,  and  Major  Gary  H.  Fry.  The 
first  regiment  of  cavalry  was  commanded  by  Colonel 
Humphrey  Marshall,  of  Louisville,  Lieutenant  Colonel 
Ezekiel  H.  Field,  of  Woodford  County,  and  Major  John  P. 
Gaines,  of  Boone  County. 

KENT.  HIST.  —  10 


14^) 


FOUNDINf;   OF   THE   COMMONWEALTH 


The  war  was  fairly  commenced  before  the  Kentucky 
troops  reached  their  destination.     The  first  action  in  which 

any  of  them  fought 
was  the  charge  on  the 
•city  of  Monterey. 
The  Louisville  legion 
took  part  in  that  suc- 
cessful assault,  Sep- 
tember 24,  and  were 
reported  to  have 
showed  obedience, 
patience,  discipline, 
and  calm  courage. 
General  Butler  was 
wounded,  and  Major 
Philip  N.  Barbour 
was  killed.  The  leg- 
islature the  following 
year,  1847,  passed 
resolutions  in  compliment  of  the  Louisville  legion,  and 
ordered  swords  to  be  presented  to  Generals  Taylor  and 
Butler,  and  to  the  widow  of  Major  Barbour. 

The  only  important  action  in  the  Mexican  War  in  which 
Kentuckians  largely  took  part  was  the  memorable  battle 
Battle  of  of  Buena  Vista,  fought  February  22  and  23, 

Buena  Vista  1847,  around  which  have  gathered  so  many 
stirring  recollections.  Here  fell  two  of  the  most  gallant 
sons  of  Kentucky,  —  Colonel  William  R.  McKee  and 
Lieutenant  Colonel  Henry  Clay  (eldest  son  of  Henry  Clay 
the  statesman).  One  fifth  of  the  troops  in  this  battle  were 
from  Kentucky,  and  of  the  seven  hundred  and  twenty- 
three  men  killed  or  wounded,  one  hundred  and  sixty-two 
were  from  this  State. 


Humphrey  Marshall 


CIVIL   AFFAIRvS    AND   THE   MEXICAN    WAR 


147 


The  successful  issue  of  this  battle  led  to  the  capture  of 
Vera  Cruz,  the  daring  attack  upon  Cerro  Gordo,  and  the 
final  capture  of  the  City  of  Mexico.  With  the  triumph 
of  the  American  arms,  peace  was  gained  in  Texas,  and  a 
vast  territory  was  surrendered  by  Mexico  to  the  United 
States.  An  independent  company  of  one  hundred  men 
from  Clark  County,  commanded  by  Captain  John  S.  Wil- 


Ceneral  Taylor  at  Buena  Vista 

liams  (afterward  General  Williams  of  the  Confederate 
army,  and  later  United  States  senator),  took  part  in  the 
battle  of  Cerro  Gordo,  April  18,  1849,  where  the  Mexicans 
lost  in  killed  and  wounded  one  thousand  men,  besides 
three  thousand  who  were  taken  as  prisoners,  and  all  their 
materials  of  war.  . 


148  FOUNDING   OF  THE   COMMONWEALTH 

The  Kentucky  troops  buried  their  dead  comrades  upon 

the  field  of  Buena  Vista ;  but  a  few  months  later  the  State 

brought  home  the  ashes  of  some  of  her  heroes 

Funeral  cere-  ° 

monies  at  to  rest  in  the  cemetery  of  the  capital.     On  the 

20th  of  July,  1847,  the  solemn  and  interesting 
ceremonies  took  place.  An  address  was  delivered  by  the 
Rev.  John  H.  Brown  of  the  Presbyterian  Church,  and  an 
oration  by  John  C.  Breckinridge. 

A  little  later  the  State  erected  a  handsome  monument 
in  memory  of  the  heroes.  It  was  for  the  occasion  of  its 
unveiling  that  Theodore  O'Hara  wrote  his 
immortal  elegy,  T]ie  Bivouac  of  tJic  Dead. 
O'Hara,^  born  in  Danville,  Kentucky,  in  1820,  was  the 
son  of  Kane  O'Hara,  an  Irishman  exiled  for  his  religion, 
who  was  celebrated  in  his  day  in  Kentucky  for  profound 
classical  scholarship.  Theodore  O'Hara  had  himself 
served  with  distinction  in  the  Mexican  War.  Entering 
the  army  under  the  appointment  of  a  captaincy,  he 
retired  with  the  rank  of  brevet  major.  His  heart  was 
stirred  by  the  events  through  which  he  had  just  passed, 
and  his  genius  expressed  itself  in  as  great  a  poem  of  the 
kind  as  was  ever  written.  It  is  thrilling  even  to  think  of 
the  scene  in  the  cemetery  at  Frankfort  that  summer  day 
—  with  the  State's  great  dead  resting  all  aro'und  under 
the  shade  of  primeval  forest  trees  —  when  the  soldier 
poet  lifted  up  his  voice  in  the  impressive  measure  of  his 
verse :    - 

"  The  muffled  drum'.s  sad  roll  has  beat 
The  soldiers  last  tattoo; 
No  more  on  life's  parade  shall  meet 
The  brave  and  daring  few. 

1  O'Hara  and  I/is  Elegies.      By  George  W.  Ranck. 


CIVIL   AFFAIRS   AND   THE   MEXICAN   WAR 


149 


On  fame's  eternal  camping  ground 

Their  silent  tents  are  spread. 
And  Glory  guards,  with  solemn  round. 

The  bivouac  of  the  dead.'' 

In  1848  John  J.  Crittenden  retired  from  the  Senate  of 
the  United  States  to  accept  the  Whig  nomination .  for 
governor  of  Kentucky.      He  was    elected  by 

1  ■       -^  1  •  .      T  John  Jordon 

a  large  majority  over   his   opjoonent,   Lazarus   cnttenden 
W.  Powell,  one  of  the  most    notable  men  in   elected  gover- 

'  _  nor 

the  Democratic  party  of  that  day.  Crittenden 
was  born  in  the  county  of  Woodford  in  1786.  After  he 
was  called  to  the  bar,  he  moved  to  that  portion  of  the  State 
known  as  the  Green  River 
country,  then  attracting  many 
young  men  of  talent.  From 
Russellville,  in  the  county  of 
Logan,  in  18 11,  he  was  sent, 
for  the  first  time,  as  a  repre- 
sentative to  the  legislature.  In 
18 1 7,  he  was  chosen  United 
States  senator.  During  the 
troublous  times  of  the  Old 
and  New  Court  controversy 
he  again  consented  to  take 
part  in  his  State's  affairs. 
Accordingly  he  was  elected  a 
representative  from  Frankfort, 
where  he  had  settled  to  prac- 
tice   law.       In    1835,    he    was 

again  called  into  national  politics.  He  held  the  office  of  gov- 
ernor of  Kentucky  until  1850,  when  he  resigned  to  become 
attorney-general  in  President  Fillmore's  cabinet.  John  L. 
Helm,  the  lieutenant  governor,  was  inaugurated  governor. 


John  J,  Crittenden 


ISO 


FOUNDING   OF   THE   COMMONWEAL  Til 


In  1849.  the  State  constitution  was  revised  for  the  third 

time.     Four  important  changes  may  be   noted:    (i)  The 

iudiciarv,  which  formerly  had  been  appointed 

Third  revision      •"  -^  1  i        •  i  1 

of  the  consti-  by  the  governor,  was  made  elective  by  the 
*"*^°°  people.     (2)  The  power  which  the  legislature 

had  possessed  to  raise  money  for  debt  on  the  credit  of 
the  State  was  abolished.  (3)  Certain  provisions  for  the 
continuation  of  slavery  were  made.  (4)  No  convention  to 
revise  the  constitution  could  be  called  without  a  two- 
thirds  vote  of  the  entire  voting  population  of  the   State. 


Rise  of  the  Whig  party. 

James  Clark,  governor. 

Richard  H.  Menefee. 

Thomas  F.  Marshall. 

Charter  of  United  States  banks  re- 
pealed. 

Three  banks  chartered  by  the  legisla- 
ture. 

Paper  money  plentiful. 

Speculation  followed  by  bankruptcy. 

Momentary  return  of  prosperity,  fol- 
lowed by  wide-spread  failure. 

Attempt  to  revive  "  rehef  measures." 

Extreme  measures  not  to  be  carried. 

Robert  P.  Letcher  governor. 

Exciting  contest  for  the  succeeding 
governor. 

William  Owsley,  Whig,  elected. 

Clay  the  Whig  nominee  for  Presi- 
dent. 

Kentucky  gives  him  a  large  ma- 
jority. 

The  annexation  of  Texas  the  ques- 
tion of  the  contest. 

Clay's  opposition  to  the  annexation 
defeats  him. 

War  with  Mexico  inevitable. 


RECAPITULATION 

General  Taylor  of  the  United  States 
army  dispatched  to  Texas. 

Hostilities  begin. 

War  declared. 

Kentucky's  attitude  toward  the  war. 

She  offers  10,000  militia. 

Kentuckians  high  officers  in  the  war. 

The  Kentucky  troops. 

The  Louisville  legion. 

The  charge  on  Monterey. 

Battle  of  Buena  Vista. 

One  fifth  of  the  troops  Kentuckians. 

Distinguished  Kentuckians  slain. 

The  battle  leads  to  the  American  vic- 
tory. 

Peace  in  Texas. 

Acquisition  of  a  vast  territory. 

Ashes  of  the  heroes  of  Buena  Vista 
buried  at  Frankfort. 

Memorial  monument  later  erected. 

(3'Hara  and  his  Bivouac  of  the 
Dead. 

John  J.  Crittenden  governor. 

Succeeded  by  John  L.  Helm  in  1850. 

Crittenden's  ability. 

State  constitution  revised  in  1849. 

Four  important  changes  made. 


IV— THE   CIVIL   V^AR,    i8jo-i86j 


CHAPTER   XIV 

THE   SITUATION   IN    KENTUCKY,  1850-1860 

Long  before  the  peal  of  thunder  and  the  flash  of  light- 
ning announce  the  downpour  of  rain,  forces  have  been  at 
work  in  the  heavens  to  produce  a  storm,  causes  of  the 
Long  before  the  outbreak  of  the  Civil  War,  ^^^'^  '^^^ 
events  had  been  slowly  tending  toward  the  inevitable  con- 
flict. With  the  first  slaves  introduced  upon  American  soil 
began  the  conditions  which  brought  about  the  final  tragedy. 
Of  course  there  were  many  branches  that  grew  out  of  the 
main  vine,  —  the  slavery  question,  —  and  one  was  so  im- 
portant and  grew  so  rapidly  as  time  went  on  that  it  seemed 
to  many  the  parent  vine,  —  the  original  source  of  the  con- 
troversy. This  was  the  different  and  directly  opposite 
views  held  by  the  North  and  the  South  as  to  the  nature  of 
the  government  of  the  United  States,  the  former  believing 
that  sovereign  power  resided  in  the  Federal  government ; 
the  latter,  that  it  resided  in  the  States.^ 

In   the  warm    Southern    States    where    cotton    was  ex- 
tensively produced,  slavery  was  deemed  a  ne-  slavery  in 
cessity  to  the  agricultural  life.      This  was  not  Kentucky 
the  case  in  Kentucky.      Bu^  the    institution  had  existed 
and  flourished  from  the  earliest  days  of  the  settlement  of 

1  T/if  IVar  hehcweii  the  States.     By  Alexander  H.  vStephens. 
151 


152 


THE   CIVIL   WAR 


the  region.  In  1850  the  population  of  the  State  was 
982,405,  of  which  over  200,000  were  slaves. 

On  the  great  landed  estates  of  the  Commonwealth  the 
lot  of  the  slave  was  comparatively  happy.  And  yet, 
over  and  over  again,  in  important  conventions  of  the 
State,  this  problem  of  human  property  had  claimed  the 
consideration  of  the  people.  For  years,  Henry  Clay  had 
been  jjresident  of  the  American  Colonization  Society, 
and  he  had  advocated  a  system  of  gradual  emancipation. 
Many  of  the  prominent  citizens  of  the  State,  who  were 
large  slave  owners,  concurred  in  this  humane  project ;  but 
they  were  in  the  minority,  and  we  have  seen  that  the 
revised  constitution  of  1849  provided  for  the  continuation 
of  slavery. 

This  provision  in  the  constitution  grew  out  of  Ken- 
tucky's resentment  of  the  course  which  extreme  persons 
Effect  of  ^"  ^h*^  North  were  beginning  to  pursue  toward 

abolitionism  ^hg  slavc-holding  States  of  the  South.  It  had 
its  immediate  cause  in  a  desire  to  oppose  the  conduct  of 
certain  abolitionists  who,  as  early  as  1841,  began  a  system 
of  stealing  away  slaves  from  their  masters  and  running 
them  into  Ohio  (a  free  State)  and  thence  into  Canada. 
These  persons  had  accomplices  stationed  in  different  parts 
of  Kentucky,  and  along  routes  known  only  to  themselves. 
When  the  negroes  were  stolen,  they  were  passed  on  from 
one  station  to  another  until  they  were  safely  out  of  the 
country.  Thus  the  means  by  which  this  business  was  ac- 
complished received  the  name  of  the  "  underground  rail- 
road." Again  and  again  the  conspirators  were  discovered 
in  different  parts  of  the  State,  and  were  tried  and  con- 
demned ;  1  but  still  the  work  went  on  because  those  engaged 

1  The  most  noted  case  was  that  of  Miss  Delia  A.  Webster,  who  was  tried 
at  Lexington,  in  1844,  and  sentenced  to  two  years  in  the  State   penitentiary. 


THE   SITUATION    IN   KENTUCKY 


153 


in  it  believed  they  were  doing  right.     Hundreds  of  slaves 
were  stolen  in  this  way  from  their  owners. 

In  many  cases  the  slaves  were  unwilling  to  leave  their 


Negroes'  Dance  ,   .  -   , 

homes.     While  they  greatly  desired  freedom,  they  were  as 
a  class  a  peaceable  people  that  dreaded  change,   characteristics 
They  knew  the  life  they  were  living.      It  had   of  the  slaves 
sore  trials  ;  but  they  realized  that  they  would  always  be 

But  the  same  jury  that  had  condemned  her  for  what  they  judged  a  crime, 
signed  a  petition  to  tlie  governor  for  her  pardon.  She  was  released  because 
she  was  a  woman,  while  her  companion  in  the  work  was  sentenced  to  serve 
fifteen  years  in  the  penitentiary. 


154 


THE   CTVir.   WAR 


provided  for.  They  knew  nothing  about  the  life  into 
which  they  would  be  taken.  Moreover,  the  careless,  ir- 
responsible existence  they  led  made  them  unthinking. 
They  lived  for  the  moment,  and  if  they  could  steal  off  at 
night  and  meet  together  at  some  neighboring  "  quarters  " 
for  a  dance,  they  gave  themselves  up  to  the  frolic  with 
reckless  disregard  of  the  punishment  which  might  follow 
on  the  morrow. 

The  leader  of  the  antislavery   movement   in   Kentucky 

was   CaSSRlS    An  abolition 
^        _  .      ___ . _ ,        M.     Clay,     a    ^^^wspaper 

man  of  strong  will, 
fearless  in  advocating 
his  opinions.  In  1845, 
he  began  to  issue  at 
Lexington  an  abolition 
newspaper  called  The 
True  American.  Its 
tone  was  inflammatory 
and  was  considered  alto- 
gether improper.  The 
citizens  of  that  town 
met  and  decided  that 
its  publication  was  detri- 
mental to  the  peace  of 
the  community,  and  that 
it  must  be  discontinued. 
When  the  editor,  who 
was  at  home  ill  at  the  time,  was  informed  of  the  action  of 
the  meeting,  he  sent  back  a  defiant  reply ;  whereupon  a  com- 
mittee of  sixty  of  the  most  honorable  citizens  of  the  place 
were  deputed  to  go  to  the  office  of  TJie  True  American  and 
take  possession  of  it.    The  whole  proceeding  was  managed 


Cassius  M.  Clay 


THE   SITUATION   IN    KENTUCKY  155 

in  the  most  orderly  manner.  The  secretary  containing  the 
private  papers  of  the  editor  was  sent  to  him  at  his  home. 
The  press,  type,  etc.,  were  packed  by  printers  and  sent  to 
the  care  of  a  reliable  firm  in  Cincinnati,  and  the  editor 
was  informed  that  he  would  find  them  there  awaiting  his 
order. 

Of  course  the  committee  of  sixty  had  to  be  tried,  for 
their  action  was  illegal ;  but  the  jury,  without  hesitation, 
gave  a  verdict  of  "not  guilty."     All  over  the  The  state 
State  enthusiastic  meetings  were  held  in  com-  acu^^of^*^^ 
mendation  of  the  action  of  the  citizens  of  Lex-  Lexington 
ington,  and  strong  resolutions  were  passed  recommending 
the  prevention  of  such  incendiary  publications  as  The  True 
American  in  the  State.     This  shows  that  the  unwise  con- 
duct of  extreme  abolitionists  awakened  much  excited  feel- 
ing that  otherwise  might  not  have  existed. 

Kentucky  was  rapidly  growing  intensely  proslavery. 
The  majority  of  her  people  believed  to  a  certain  extent  in 
the  doctrine  of  State  rights.     All  their  sympa-  „    , 

°  _  J       i-  Proslavery  and 

thies  were  in  harmony  with  the  customs  of  the  union 

.  sentiments 

Southern  States ;  and  yet,  at  the  same  tmie, 
Kentucky  had  ever  been  most  ardently  attached  to  the 
Union.  As  an  evidence  of  this  fact  note  the  words  which 
the  legislature  of  1850  ordered  to  be  engraved  on  a  block 
of  Kentucky  marble  that  was  to  be  placed  in  the  "  General 
Washington  Monument"  at  Washington  City:  "Under 
the  auspices  of  heaven  and  the  precepts  of  Washington, 
Kentucky  will  be  the  last  to  give  up  the  Union." 

Slowly,  steadily,  the  division  between  the  two  sections 
of  country  was  widening.     But  all  the  while  the  g^^^    ciav's 
great  and  patriotic  mind  of  Henry  Clay  was   compromise 
struggling   to    adjust    the    differences    which 
threatened    dissolution    to    the    Union.       The    prediction 


156 


THE   CIVIL   WAR 


which  Clay  had  made  concerning  the  annexation  of  Texas 
in  1845  was  fast  being  fulfilled.  Already  a  war  with 
Mexico  had  been  fought.  Out  of  the  vast  territory 
ceded  by  Mexico  in  1848  to  the  United  States,  new 
States  were  forming.  Already  California  had  framed  its 
constitution  and  asked  for  admission  into  the  Union.  The 
question  whether  slavery  should  be  allowed  in  the  new 
States  raised  a  conflict  of  opposition    on   the   one   hand, 


,/  -' 


fw' 


T|. 


Clay's  Home,  Ashland,  Kentucky 


and    advocacy  on    the    other,   such    as    had  never   before 
occurred  in  the  nation. 

In  this  condition  of  affairs,  on  the  29th  of  January,  1850, 
Henry  Clay  came  forward  in  the  United  States  Senate 
with  his-  celebrated  Compromise  Resolutions,  which  were 
known  later  as  the  Omnibus  Bill.  Clay's  earnest  speech 
in  exposition  of  these  measures  of  peace  lasted  two  days, 
beginning  February  5.  For  months  the  bill  called  forth 
exciting  debates  in  the  halls  of  Congress ;  but  finally  the 
various  measures  which  composed  it  were  passed  before 
the  close  of  that  memorable  year.     This  was  Clay's  last 


THE   SITUATION   IN   KENTUCKY 


157 


great  effort.  Two  years  later  he  died,  just  prior  to  the 
downfall  of  the  Whig  party,  of  which  he  had  long  been 
the  leader  in  spirit,  if  not  in  place. 

In  185 1,  Lazarus  W.  Powell,  one  of  the  most  talented 
members  of  the  Democratic  party,  was  elected  governor. 
But  the  Whigs  secured  a  majority  of  the  other 

°  ■'-'..  state  politics 

State  offices  and  elected  most  of  their  men  to 
both  houses  of  Congress.  At  this  time  the  first  Emanci- 
pation ticket  in  Kentucky  was  run,  with  Cassius  M.  Clay 
at  its  head,  as  nominee  for  governor.  His  vote,  however, 
was  only  about  thirty-six  hundred.  Archibald  Dixon,  who 
had  been  the  Whig  nominee  for  governor  against  Powell, 
was  elected  United  States  senator  in  the  place  of  Henry 
Clay,  resigned.  The  days  of  the  Whig  party  were  num- 
bered. 

With  the  election  of  Franklin  Pierce,  the  Democratic 
nominee  for  President,  in  1852,  the  Whig  party  disap- 
peared from  national  politics,  never  to  reap-  Downfall  of  the 
pear.  In  Kentucky,  for  several  years  longer,  ^^^^  ^^^^^ 
it  continued  to  exist  as  a  distinct  organization,  under  the 
leadership  of  John  J.  Crittenden. 
But  a  disruption  had  occurred  in 
its  ranks.  Some  of  its  members, 
more  extreme  in  one  direction,  had 
gone  off  with  the  abolition  move- 
ment ;  while  others,  of  the  oppo- 
site tendency,  had  united  with  the 
Democratic  forces. 

In  the  unsettled,  agitated  condi- 
tion of  the  nation  it  was  inevita- 
ble that  new  parties  should  arise 
to  embody  the  various  opinions 
the   times    inspired.       The    American    or    Know-Nothing 


Franklin  Pierce 


158 


THE   CIVIL   WAR 


party,  as  it  was  commonly  called,  appeared  like  a  meteor 
only  to  fall  like  a  meteor.  It  existed  from  1853  to  1856. 
Know-Nothing  1^1  the  Kentucky  elections  of  1855  for  State 
party  officers  and  members  of  Congress  this  ticket 

was  mainly  successful.  Charles  S.  Morehead,  a  former 
Whig,  became  governor. 

But  the  variations  in  the  politics  of  the  State  were  like 
the  waverings  of  a  newly  started  pendulum  before  it  finally 

assumes  its   regU-    Democratic 
lar       beat.        The    supremacy 

hour  of  Democratic  su- 
premacy was  at  hand.  In 
1856,  John  C;  Breckinridge 
of  Kentucky,  the  Democratic 
nominee  for  Vice  President, 
was  elected,^  with  James  Bu- 
chanan as  President.  Young 
Breckinridge  was  peculiarly 
fitted  to  become  the  leader 
of  the  Democratic  forces 
of  his  State.  He  was 
brave,  with  a  winning 
manner  and  a  ready  ora- 
tory. His  sympathies  went 
out  ardently  toward  the 
South  in  the  question  which 
was  now  before  the  nation.  In  the  ensuing  State  elections, 
the  Democrats  were  victorious.  In  1859,  Beriah  Magoffin, 
Democrat,  was  elected  governor,  and  a  majority  of  Demo- 
crats was  obtained  in  both  houses  of  the  legislature. 

Although  the  Democracy  held  the  scepter  of  power,  yet 
there  still  existed  in  the  State  that  old  conservative  element 
whose  influence  has  been  repeatedly  noted.     This  element 


John  Breckinridge 


THE   SITUATION   IN   KENTUCKY  159 

has  been  known  to  us  most  recently  under  the  appellation 
Whig.  Left  now  without  a  party  name,  the  men  of  that 
policy  became  designated  for  a  time  simply  as  -pjjg  conserva- 
the  "Opposition."  But  they  were  soon  to  tive element 
make  for  themselves  a  name  which  is  expressive  of  the 
work  they  did  for  their  State  and  the  nation,  —  Conserva- 
tive Union  party. 

This  body  was  composed  of  some  of  the  purest  and  most 
patriotic  men  the  State  has  ever  produced.  In  their  num- 
ber will  be  found  the  names  of  such  able  judges  as  L.  W. 
Andrews,  R.  A.  Buckner,  C.  F.  Burnam,  W.  B.  Kinkead, 
Joseph  R.  Underwood,  and  Nathaniel  Wolfe ;  of  such  dis- 
tinguished statesmen  as  Joshua  F.  Bell  and  James  Guthrie  ; 
and  of  such  brilliant  editors  as  George  D.  Prentice  of  the 
Louisville y<?//;7/rt/,  John  H.  Harney  of  the  Louisville  Z>^w^- 
crat,  and  D.  C.  Wickliffe  of  the  Lexington  Observer  and 
Reporter.  And  there  were  many  others  who,  in  the  legis- 
lature, in  public  speeches  to  the  citizens  of  the  State,  and 
in  newspaper  editorials,  likewise  labored  to  avert  the 
threatened  dissolution  of  the  nation.  Of  these  men,  John 
J.  Crittenden  stood  as  the  representative  type  in  the  Federal 
Congress.  All  hopes  were  now  turned  to  him  to  save  the 
Union. 

RECAPITULATION 


The  North  and  the  South  hold  con- 
trary views. 

They  interpret  the  Federal  constitu- 
tion differently. 

Slavery  becoming  a  serious  prob- 
lem. 

Slavery  not  necessary  to  Kentucky. 


E.xtreme  abolitionists  excite  temper 
in  the  people. 

"The  underground  railroad." 

Many  slaves  captured  in  this  way. 

The  careless  lives  of  the  slaves. 

.\n  abolition  newspaper  forcibly  dis- 
continued. 


Large  slave  population  of  the  State.         The  "  committee  of  sixty  "  tried  and 


The   slave    problem    repeatedly    dis- 
turbs the  people. 
Gradual  emancipation  advocated. 


acquitted. 
Lexington's    action    commended    by 
the  State. 


i6o 


THE   CIVIL   WAR 


Kentucky  opposed  to  abolitionism. 

Her  belief  in  State  Rights. 

Her  ardent  attachment  to  the  Union. 

Henry  Clay's  prophesy  concerning 
Texas  fulfilled. 

New  States  ask  admission  to  the 
Union. 

Question  of  slavery  in  the  new  States. 

Clay's  Resolutions  of  1850. 

The  various  measures  carried. 

Clay's  death  two  years  later. 

Whigs  carry  most  of  the  elections  of 
1851. 

Lazarus  W.  Powell,  Democrat, 
elected  governor. 

Cassius  M.  Clay  heads  an  Emancipa- 
tion ticket  in  1851. 


Archiljald    Dixon    succeeds   Clay  in 

United  States  Senate. 
National  downfall  of  the  Whig  party. 
Crittenden  holds  it  together  a  little 

longer  in  Kentucky. 
Rise  and  fall  of   the  Know-Nothing 

party. 
Democratic  supremacy. 
John  C.  Breckinridge  the  Democratic 

leader. 
Beriah  Magoffin,  Democrat,  governor. 
Old  Whig  party  first  called  the  "  Op- 
position." 
Becomes     the     Conservative    Union 

party. 
Its  members  men   of   weight   in  the 

community. 


CHAPTER  XV 


KENTUCKY'S    POSITION   OF   NEUTRALITY,  Nov.   i86o-June  i86i 


It  is  a  curious  coincidence  that  the  two  men  who  were 
destined  to  take  the  political  lead  in  the  great  conflict  of 
the  nation  were  born  in  Kentucky,  within  one 

■'  \  Lincoln  and 

year  of  each  other.     Jefferson  Davis  was  born  Davis,  natives 
June  3,  1808,  in  that  part  of   Christian  County 


of  Kentucky 


which  afterward  became  Todd  County 
family  moved 
southward  to 
M  ississippi, 
where  he  be- 
came imbued 
with  the  spirit 
and  the  customs 
of  the  planters. 
Abraham  Lin- 
coln was  born  in 
a  log  cabin  in 
that  p  art  of 
Hardin  County 
which  afterward 
became  Larue 
County,  on  the 
1 2th  day  of 
February,  1809. 

KENT.   HIST.  —  II  161 


In  his  infancy  his 


Abraham  1  inroln 


\   \\ 


1 62  THE   CIVir,   WAR 

In  his  boyhood,  his  family  moved  northward  into  the 
uncultivated  regions  of  the  newly  opened  West.  From 
a  life  of  vigorous  physical  toil  and  earnest  mental  exer- 
tion, he  learned  those  lessons  of  truth  and  freedom  which 
prepared  him  for  his  mission. 

In   November,    i860,    Abraham    Lincoln    was    elected 

President  of  the  United  States.     The  leaders  of  the  South 

had  declared  that  in  the  event  of  his  election 

Secession  of 

Southern  they  would  withdraw  from  the  Union.     Seces- 

sion feeling  was  growing.  On  December 
17,  South  Carolina  met  in  a  State  convention  that  re- 
sulted in  the  secession  of  that  State  from  the  Union  on 
December  20.  Within -two  months  Mississippi,  Florida, 
Alabama,  Georgia,  Louisiana,  and  Texas  followed  this 
precedent.  On  December  18,  John  J.  Crittenden  offered 
in  the  United  States  Senate  certain  compromise  proposi- 
tions which,  if  adopted  as  amendments  to  the  Federal  con- 
stitution, he  hoped  would  bring  peace  between  the  North 
and  the  South.  But  the  propositions  were  voted  down. 
The  country  was  in  no  state  of  mind  to  listen  to  reason. 
Ten  years  had.  passed  since  Clay  had  carried  in  that  same 
body  his  compromise  measures  of  1850.  For  ten  years 
fuel  had  been  added  to  the  flame  which  was  then  burning 
in  the  North  and  in  the  South.  In  1850,  it  wasr  possible  to 
subdue  it ;  in  i860,  it  had  grown  beyond  the  power  of  man 
to  quench. 

In  January,  1861,  a  committee  composed  of  one  member 

from  the  representation  in  Congress  of  each  of  the  Bor- 

^   der  States  met  and  framed  other  compromise 

Efforts   toward  ^ 

compromise        resolutions  which  Crittenden,  a  member  of  the 

unavailing  '  .  ,  ,       .  r       ^  • 

committee,  accepted  as  substitutes  tor  his  own. 
But  these  proposed  amendments  met  the  same  fate  as  their 
predecessors.     In  the  meanwhile,  at  home,  the  Union  men 


KENTUCKY'S   POSITION   OF   NEUTRALITY  163 

upheld  the  hands  of  their  senator.  Conventions  passed 
resohitions  in  favor  of  his  efforts  to  avert  the  approaching 
catastrophe.  Earnest  speakers  addressed  the  citizens  in 
different  parts  of  the  State  and  implored  them  to  be  mod- 
erate in  their  actions.  "Secession,"  they  said,  "means 
revolution,  and  revolution  means  war.  And  war  with 
whom?  With  our  neighbors,  our  friends,  our  brothers!" 
In  glowing  language  they  urged  the  citizens  nobly  to  face 
the  wrongs  which  the  South  had  suffered  from  the  North, 
not  .failing  to  recognize,  at  the  same  time,  the  honor  and 
the  blessing  of  living  in  a  great  united  country ;  and  to 
stand  firm  in  the  position  they  had  taken  for  the  Union. 

On  the  17th  day  of  January,  1861,  the  legislature  met 
in  called  session.  Governor  Magofifin,  in  his  message,  set 
forth  the  condition  of  the  country  as  it  ap-  The  governor's 
peared  to  him  at  the  time,  and  strongly  recom-  message 
mended  the  calling,  forthwith,  of  a  State  convention  to 
determine  the  future  attitude  of  Kentucky  toward  the 
Federal  government.  The  governor  also  recommended 
the  arming  of  the  State ;  the  appointment  of  commission- 
ers to  act  for  Kentucky  in  a  convention  of  Border  Slave 
States  to  meet  in  the  city  of  Baltimore  at  an  early  day  ; 
and  the  presentation  of  the  Crittenden  compromise,  or  its 
equivalent,  as  an  ultimatum. 

Many  members  of  the  Democratic  party  advocated  call- 
ing a  State  convention.  Notable  among  these  was  Vice 
President  Breckinridge,  who  definitely  ex-  Democratic 
pressed  his  views  on  the  subject  in  a  letter  to  ^*®^® 
the  governor  received  a  few  days  before  the  legislature 
convened.  After  giving  a  summary  of  the  Crittenden 
compromise  propositions,  and  mentioning  other  efforts 
which  had  been  made  to  settle  the  political  differences  then 
dividing  the  country,  he  stated  his  firm  conviction  that  no 


164  THE   CIVIL   WAR 

plan  of  adjustment  would  be  adopted  by  Congress.  He 
therefore  gave  his  voice  for  a  State  convention.  In  his 
opinion,  civil  war  was  imminent  unless  it  could  be  arrested 
by  the  prompt  and  energetic  action  of  the  several  States  in 
their  sovereign  capacity.  He  believed  that  it  might  be 
arrested  if  Kentucky  and  the  other  Border  States  should 
calmly  and  firmly  present  a  united  front  against  it.  But  if 
the  war  could  not  be  avoided,  he  desired  that  Kentucky 
should  be  in  a  position  to  decide  whether  she  would  sup- 
port the  Federal  Union  or  the  Southern  cause. 

On  the  other  hand,  the  Union  men  were  distinctly 
opposed  to  calling  a  State  convention.  They  argued  that 
Union  views  on  such  a  convention  would  not  better  the  condi- 
the  subject  ^-Qj^  Qf  Kentucky,  that  the  legislature  had  full 
power  to  do  everything  necessary  for  the  good  of  the 
Commonwealth.  On  one  point  only  it  could  not  act.  It 
could  not  withdraw  the  State  from  the  Union.  It  was 
only  through  the  action  of  a  State  convention  that  such  a 
step  could  be  taken.  They  believed  that  if  a  convention 
were  called,  Kentucky  might  be  led  to  secede.  They  were 
assured  that  most  of  the  people  of  the  State  were  attached 
to  the  Union  ;  but  they  knew  that  in  times  of  high  excite- 
ment men  may  be  tempted  to  rash  action,  contrary  to 
their  sober  judgment. 

In  the  legislature,  this  important  matter  was  earnestly 

argued  by  both  sides ;   but  finally  the  decision  was  reached 

that  action  at  that  time  on  .political  affairs  was 

Legislature  . 

against  a  State  both  unnecessary  and  inexpedient,  and  the 
legislature  refused  to  call  a  convention  that 
might  take  the  State  out  of  the  Union.  On  February  11, 
the  legislature  adjourned  until  March  20.  Little  was 
done  at  this  second  session  of  sixteen  days  beyond  further 
discussion  of  the  state  of  the  country.     By  special  invita- 


KENTUCKY'S    POSITION    OF   NEUTRALITY  165 

tion,  an  address  from  the  Union  standpoint  was  delivered 
by  John  J.  Crittenden,  which  was  followed  several  days 
later  by  another  from  the  Democratic  point  of  view  by 
John  C.  Breckinridge.  Crittenden  had  just  left  the  United 
States  Senate.     Breckinridge  was  his  successor. 

On  the  4th  of  February,  a  Peace  Conference  of  twenty- 
one  States  assembled  at  Washington.     Kentucky  sent  six 
delegates,  —  William  O.  Butler,  Joshua  F.  Bell,   Definite  turn 
James    B.    Clay,    James    Guthrie,    Charles    S.   ^°^"^*" 
Morehead,   and    Charles   A.   Wickliffe ;    but   nothing  was 
accomplished  by  this 
meeting.     All  efforts 
toward      compromise 
were    of    no    avail. 
Matters  were  tending 
to  a  crisis.      By  this 
time    seven    States 
had  seceded.    On  the 
same    day    that     the 
Peace      Conference 
opened    in   Washing- 
ton,   delegates    from    ^^^^^^^K^^^ 
six    of    the    seceded  ^ 

States  met  at  Mont- 
gomery, Alabama,  to 
frame  a  government 
for  The  Confederate 
States    of     America. 

T    re  T-\       •  Jefferson  Davis 

Jenerson    Davis  was 

elected  President.  On  the  4th  of  March,  Abraham  Lin- 
coln was  inaugurated  President  of  the  United  States. 

On  the   1 2th  of  April,   1861,  the  first  gun  in    the  war 
between  the  States  was  fired  on  Fort   Sumter,  in  South 


1 66  THE  CIVIL    WAR 

Carolina.  The  garrison  was  under  the  command  of 
Major  Robert  Anderson  of  the  United  States  army,  a 
Beginning  native  of  Kentucky.     On  the  14th,  the  Federal 

of  the  war  forccs  were    compelled   to    abandon   the  fort. 

The  President  immediately  made  proclamation  for  troops. 
Kentucky  was  called  on  to  furnish  four  regiments  for  the 
service  of  the  government.  Governor  Magoffin  promptly 
telegraphed  the  following  reply  to  this  demand:  "In  an- 
swer, I  say,  emphatically,  Kentucky  will  furnish  no  troops 
for  the  wicked  purpose  of  subduing  her  sister  Southern 
States."  Troops  requested  for  the  Confederate  States 
were  also  refused  by  the  governor. 

The  Union  men  now  nerved  themselves  for  a  mighty 

effort  to  hold  Kentucky  in  a  position  of  neutrality.     On 

the   17th  of  April,  Crittenden  made  a  speech 

Efforts  to  hold  '  .  .  , 

Kentucky  to  a  large  audience  at  Lexmgton.    He  brought 

all  the  weight  of  his  great  intellect  to  bear  on 
his  appeal  to  the  people  to  maintain  an  independent 
course.  Kentucky,  he  showed,  had  done  nothing  to  bring 
on  this  war ;  she  had  done  everything  in  her  power  to 
prevent  it.  Now  that  civil  strife  was  begun,  there  was  no 
reason  why  Kentucky  should  be  forced  to  take  part  either 
with  the  North  or  the  South.  Let  her  stand  true  to  the 
Union  alone  and  remain  in  her  place  as  a  peacemaker. 

The  Union  State  Central  Committee  (formed  January  8) 
followed  up  this  line  of  argument  in  an  address  to  the 
people."  They  earnestly  urged  that  Kentucky  should 
persevere  in  a  position  of  neutrality,  and  they  recom- 
mended that  she  should  arm  herself  thoroughly,  so  that 
she  might  protect  her  soil  from  the  invasion  of  either  the 
Federal  or  Confederate  forces.  Similar  Union  meetings 
were  held  in  various  localities.  Everywhere,  it  was  evi- 
dent, the  desire  of   the  people  was  for  neutrality. 


KENTUCKY'S    POSITION   OF   NEUTRALITY  167 

Thus  two  facts  are  apparent  to  us, — that  the  people 
of  Kentucky  were  ardently  attached  to  the  Union,  and 
that    they    were    distinctly    opposed    to    war.   „ 

■^  -  .  Kentucky's  at- 

They  believed  that  the  disagreement  between  titude  toward 
the  North  and  the  South  ought  to  be  settled 
in  some  peaceable  way.  They  shuddered  at  the  thought 
of  civil  war  —  war  between  friends  and  kindred.  There- 
fore there  was  no  probability,  just  at  this  time,  that  the 
State  would  decide  to  unite  with  the  Federal  government 
in  resisting  the  secession  of  the  Southern  States. 

The  extreme  Unio.nists  —  those  who  were  ready  for  war 
—  were  in  the  minority.  But  it  was  possible  that  Ken- 
tucky might  decide  to  support  the  Southern  cause.  The 
Conservative  Union  men  and  the  Democrats  were  agreed 
in  believing  that  the  Northern  congressmen  had  no  right 
to  make  laws  against  the  slave  property  of  the  South. 
But  the  Democrats  believed  in  the  doctrine  of  State 
Rights,  —  that  a  State  had  the  right  to  secede  when  it 
judged  that  the  Federal  government  had  acted  unconsti- 
tutionally toward  it.  They  dwelt  upon  the  wrongs  the 
South  had  suffered,  and  the  subject  appealed  to  the  spirit 
of  many  of  the  gallant  young  men  of  the  Commonwealth. 
The  Kentuckian,  from  the  days  of  his  earliest  conflict 
with  Indians,  had  allowed  no  foe  to  overcome  him.  It 
was  his  impulse  now^  to  rush  forward  and  take  his  stand 
beside  his  resisting  brethren.  It  would  not  have  been 
impossible,  perhaps,  by  a  few  impassioned  speeches  on 
this  line,  to  have  turned  the  State  into  the  Confederacy. 

In  this  state  of  feeling  the  legislature  was  again  assem- 
bled in  called  session.  May  6.     At  first  it  ap-  Legislature 
peared  as  if  the  Southern  Rights  element  was  in   [oria?n"u-'^" 
the  majority.     But  there  were  in  that  body  a  tr^iity 
number  of  old  tried  Whigs,  —  Union  men  now,  —  who  braced 


1 68  THE   CIVIL   WAR 

themselves  to  exert  every  effort  to  keep  their  State  from 
the  horrors  of  this  war,  and  to  hold  her  true  to  the  Union. 
Their  strength  was  as  the  strength  of  many  because  they 
were  convinced  that  their  purpose  was  righteous.  More- 
over, they  were  upheld  by  the  will  of  the  people.  Petitions 
poured  in  from  the  women  of  the  State,  imploring  the 
legislators  to  "  guard  them  from  the  direful  calamity  of 
civil  war."  Furthermore,  several  members  who  had  been 
elected  as  Democrats  before  this  crisis  of  war  had  come, 
now  went  over  to  the  aid  of  the  Union  men.  Notably 
among  these  was  Richard  T.  Jacob,  later  colonel  of  the 
Federal  army,  and  lieutenant  governor  of  the  State.  And 
so  it  came  about  that  this  legislature  decided  the  fate  of 
the  State,  and  perhaps  of  the  nation,  by  voting  in  favor 
of  mediatorial  neutrality. 

Kentucky's  position   of  mediatorial  neutrality  was  pri- 
marily a  decision  for  the  Union.     It  did  not  mean  that  the 
Federal    government    had    no    riirht   to    raise 

Meaning  of  ^  _  *=" 

mediatorial        troops  for  its  defense  on  her  soil.     It  rather 

neutrality  •      t  i  i  •    i  i  •         i 

indicated  such  a  right,  and  was  simply  a  re- 
quest to  the  Federal  government  for  a  postponement  of 
that  constitutional  right,  in  order  that  an  effort  might  be 
made  on  her  part  to  try  to  win  back  the  seceded  States 
to  the  Union  and  to  secure  peace. ^  But  if  peace  were  im- 
possible, and  the  war  should  continue,  Kentucky  was  deter- 
mined to  stand  by  the  Union,  even  to  her  temporary  disad- 
vantage in  the  possible  destruction  of  her  slave  property. 
What  was  gained  by  this  position  was  delay.  In  that 
hour  of  impassioned  action  every  moment  of  rational 
inaction  was  of  vital  importance. 

1  Synopsis  of  House  Resolutions  in  exposition  of  the  position  of  the  leg- 
islature of  1 86 1.  Offered  by  the  member  from  Oldham,  Richard  T.  Jacob, 
and  accepted  by  the  legislature,  September  i,  i86i. 


KENTUCKY'S   POSITION   OF   NEUTRALITY  169 

The  Union  victory  was  attained  by  only  one  vote  in  the 
House  and  a  meager  majority  in  the  Senate  ;  but  none 
the  less  was  it  regarded  by  the  Conservatives 

...  Union  victory 

as  a  triumph  which  would  result  in  immeas- 
urable good.  In  the  list  of  those  who  accomplished  it  are 
found  the  names  of  men  who  are  known  to  the  nation. 
There  are  R.  A.  Buckner,  Speaker  of  the  House,  C.  F. 
Burnam,  Lovell  H.  Rousseau,  James  Speed,  Joseph  R. 
Underwood,  Nathaniel  Wolfe,  and  others  too  numerous  to 
mention.  Old  men  who  were  present  in  that  legislature 
tell  us  to-day  of  the  deep  earnestness  of  the  discussion 
through  which  that  decision  was  reached. 

Throughout  this  study  we  have  had  occasion  to  notice 
the  sober  dignity  with  which  Kentucky  has  met  every 
serious  issue  in  her  history  ;  and  we  have  also  observed 
the  important  work  she  has  done  for  the  nation.  Let  us 
especially  recall  the  period  of  her  severest  trial,  —  her 
tedious  struggle  for  independence  from  Virginia,  —  and 
we  shall  find  that  she  decided  her  course  of  action  in 
this  present  vital  hour  of  the  nation's  life  in  harmony 
with  that  judgment  which  controlled  her  in  the  former 
period. 

The  governor  issued  a  proclamation  setting  forth  the 
fact  of  Kentucky's  neutrality,  and  likewise  warning  and 
forbidding  any  State,  whether  of  the  United  xhe  governor's 
States  or  of  the  Confederate  States,  to  enter  or  Proclamation 
occupy  Kentucky  with  armed  forces.  The  legislature  also 
directed  that  the  State  should  be  armed  for  her  own  pro- 
tection. The  necessary  funds  were  immediately  raised, 
and  arms  and  ammunition  were  procured  for  the  State 
Guards  and  the  Home  Guards;  and  it  was  especially  pro- 
vided that  neither  the  arms  nor  the  militia  were  to  be 
used  against  either  the  United  States  or  the  Confederate 


I/O  THE   CIVIL   WAR 

States,  but  solely  for  the  defense  of  the  State  of  Kentucky. 
The  governor  appointed  Simon  Bolivar  Buckner  inspector 
general,  Scott  Brown  adjutant  general,  and  M.  D.  West 
quartermaster  general. 

The  President  called  a  special  session  of  Congress  for 
July  4,  1 86 1.  The  election  thus  made  necessary  is  de- 
union  men  scribed  by  one  of  the  Union  workers  of  that 
elected  |-j|^^g     ^g    follows :     "  And    now     the    contest 

opened  before  the  people  of  Kentucky,  and  the  Union 
men  went  boldly  and  confidently  into  the  fray.  .  .  .  All 
eyes  were  at  once  turned  to  Mr.  Crittenden,  and  his  ser- 
vices were  demanded  in  that  Congress.  .  .  .  The  noble 
old  man  heard  the  call  and  did  not  hesitate  for  a  moment. 
.  .  .  Animated  by  intense  patriotism  and  the  stirring 
scenes  around  him,  he  moved  through  the  district  with  all 
the  vigor  and  spirit  of  a  young  man,  unbent  by  age,  his 
manly  form  erect,  his  voice  clear  and  thrilling,  his  eye 
blazing  with  all  the  fervor  which  the  high  responsibility  of 
his  position  inspired.  Crowds  flocked  to  listen  to  him  ; 
the  people  everywhere  responded  to  his  appeal.  .  .  .  He 
was  elected  by  a  large  majority.  Many  others  of  the  best 
men  of  the  State  were  sent  to  Congress.^  The  most  trusted 
men  were  selected  for  the  legislature,  and  secession  was  no 
longer  thought  of  in  Kentucky. 

"  No  one  doubts  that  had  Mr.  Crittenden  faltered  at  all, 
or  had  he  pursued  any  other  course  than  that  which  he  did 
Crittenden's  pursuc,  Kentucky  would  have  been  lost  to  the 
influence  Union.     His  personal  influence  in  the  late  legis- 

lature had  contributed  much  to  prevent  injudicious  action. 

1  The  men  selected  to  represent  the  State  in  this  Congress  were  Henry  C. 
Burnett,  James  S.  Jackson,  Henry  Grider,  Aaron  Harding,  Charles  A.  Wick- 
liffe,  George  W.  Dunlap,  Robert  Mallory,  John  J.  Crittenden,  William  H. 
Wadsworth,  and  John  W.  Menzies. 


KENTUCKY'S   POSITION   OF   NEUTRALITY 


171 


His  eloquence  and  his  great  popularity  secured  the  tri- 
umph of  the  Union  men  in  his  district ;  and  the  great 
confidence  the  whole  State  reposed  in  him  kept  the  State 
in  the  Union.  Should  Kentucky  at  that  critical  moment 
have  cast  her  destiny  with  the  South,  who  can  calculate 
what  mio^ht  have  been  the  result  ?  "^ 


RECAPITULATION 


Both  Lincoln  and  Davis  born  in  Ken- 
tucky. 

Lincoln  elected  President  of  the 
United  States,  i860. 

His  election  objectionable  to  the 
South. 

South  Carolina  and  six  other  States 
secede. 

Crittenden's  compromise  resolutions 
rejected  by  United  States  Senate. 

Border  States'  compromise  resolu- 
tions also  rejected. 

Crittenden's  efforts  for  peace  appre- 
ciated at  home. 

Speakers  urge  the  people  to  be  mod- 
erate in  action. 

The  legislature  meets  in  called  ses- 
sion. 

The  governor's  message. 

He  recommends  calling  a  State  con- 
vention. 

Democrats  generally  desire  this  step. 

Views  of  Vice  President  Breckin- 
ridge on  the  subject. 

He  earnestly  advocates  holding  such 
a  convention. 

It  would  enable  the  State  to  decide 
her  course  toward  the  war. 

Union  party  strongly  oppose  calling 
a  State  convention. 


They  fear  the  State  might  thus  l)e  led 
to  secede. 

Legislature  decides  not  to  hold  a 
State  convention. 

Legislature  addressed  on  the  condi- 
tion of  the  country. 

J.  J.  Crittenden  speaks  from  the 
Union  point  of  view. 

J.  C.  Breckinridge  speaks  from  the 
Democratic  point  of  view. 

Peace  conference  at  Washington  ac- 
complishes nothing. 

The  crisis  approaching. . 

The  Confederate  States  of  America 
formed. 

Jefferson  Davis  chosen  President. 

Lincoln  inaugurated  President  of  the 
United  States. 

Confederates  fire  upon  Fort  Sumter, 
South  Carolina. 

Major  Robert  Anderson,  U.S..\.,  in 
command. 

F^ederals  obliged  to  abandon  the 
fort. 

President  Lincoln  makes  proclama- 
tion for  troops. 

Confederate  States  also  request 
troops. 

Governor  Magoffin  declines  both  re- 
quests. 


1  W.  B.  Kinkead  in  an  article  on  John  J.  Crittenden  in  the  AV.f  y'o>-Ji-  Su>i. 


172 


THE   CIVIL   WAR 


Union  men  strive  to  hold  Kentucky 
neutral  for  a  time. 

Crittenden  recommends  an  indepen- 
dent course. 

He  shows  that  Kentucky  had  no  part 
in  bringing  on  the  war. 

He  urges  the  people  not  to  rush  into 
the  contest,  but  to  remain  peace- 
makers, true  to  the  Union. 

Union  meetings  held  in  various  local- 
ities. 

All  recommend  the  same  course. 

Kentucky  much  attached  to  the 
Union. 

Generally  opposed  to  war. 

Does  not  intend  just  yet  to  enter  the 
war  on  the  Federal  side. 

More  chance  of  her  supporting  the 
Confederate  cause. 

It  appeals  to  the  sympathy  of  the 
young  men  of  the  State. 

Conservative  Union  men  and  Demo- 
crats widely  differ  on  one  point. 


Democrats  believe  that  a  State  has 
a  right  to  secede. 

Second  called  session  of  legisla- 
ture. 

Southern  Rights  element  in  the  ma- 
jority at  first. 

Conservative  Union  men  make  a 
strong  fight. 

Several  Democrats  come  to  their 
aid. 

Mediatorial  neutrality  carried. 

This  was  a  plea  to  the  Federal  gov- 
ernment to  postpone  raising  troops 
in  the  State  while  further  efforts 
for  peace  were  made. 

Above  all  it  meant  a  decision  for  the 
Union. 

The  State  armed  for  her  own  protec- 
tion. 

Special  election  of  Congressmen 
held. 

Crittenden  helps  to  secure  the 
Union   victory. 


CHAPTER   XVI 


THE   INVASION   OF   KENTUCKY,   JULY   1861-APRIL   1862 


Had  the  other  States  followed  Kentucky's  example  of 
forbearance,  there  would  have  been  no  war.     But  perhaps 
war  was  necessary.     Perhaps  it  was  the  only  Beginning  of 
means  by  which  the  abolition  of  slavery  could  ^^^  tragedy 
be  accomplished.     Of  course  it  was  impossible  for  Ken- 
tucky to  make  peace,  and  equally  im- 
possible for  her  to  remain   apart  from 
the  combat. 

Outside  the  borders  of  the  State,  at 
Camp  Clay  opposite  Newport,  and 
Camp  Joe  Holt  opposite  Louisville, 
Federal  regiments  were  being  recruited, 
and  thither  in  the  summer  of  1861 
hastened  many  Unionists  of  the  State. 
Many  dissatisfied  Secessionists  assem- 
bled at  Camp  Boone  near  Clarksville, 
Tennessee,  where  Confederate  troops 
were  being  enlisted.  And  thus  began 
the  tragedy  in  Kentucky  !  Most  of  the 
other  States  went  solidly  with  one  side 
or  the  other  ;  but  Kentucky  was  divided 
against  herself  !  Fathers  differed  from  sons,  and  went 
forth  to  fight  against  them.  Brothers  parted  from  brothers, 
friends  from  friends.     Ah,  the  awful  anguish  of  it  all ! 

^73 


Union  Soldier 


174 


THE   Civil.   WAR 


On  the  soil  of  Kentucky  itself  Federal  forces  were 
organized  at  Camp  Dick  Robinson,  in  Garrard  County,  by 
Federal  and  General  William  Nelson.  General  Humphrey 
Sforglnized  Marshall  had  a  recruiting  camp  in  Owen 
in  Kentucky  County,  thirty  miles  from  the  capital,  where 
Confederate  forces  were  organized.     In  other  parts  of  the 

State,  Confederate  troops  were 
raised  by  Colonel  Blanton  Dun- 
can. And  still,  the  State's  neutral 
position  was  not  yet  officially 
abandoned. 

On  the  20th  of  Mav,  1861,  the 
definite  Confederate  government 
was  organized  at  Rich-  Kentucky  is 
mond,  Virginia.  In  ^'^'°° 
that  State,  on  the  21st  of  July,  the 
first  great  battle  of  the  war  was 
fought  along  the  banks  of  Bull 
Run  stream,  not  far  from  Manassas 
Junction.  The  result  was  defeat 
to  the  Federals,  and  a  general  rout 
and  flight  of  their  forces.  Hope 
was  inspired  in  the  hearts  of  the  Confederates ;  but  the 
Federals  fought  with  renewed  energy.  Each  side  watched 
Kentucky  with  interest.  The  August  elections  came  off, 
and  the  State  voted  overwhelmingly  in  favor  of  the 
Unioriists.  Seventy-six  Union  to  twenty-four  State  Rights 
members  were  elected  to  the  House;  twenty-seven  to 
eleven,  to  the  Senate.  The  newly  elected  legislature  as- 
sembled September  2,  1861. 

The  day  following,  by  an  almost  simultaneous  move 
upon  Kentucky,  the  State  was  invaded  by  Confederate 
forces  at  two  different  points.     Major  General  Leonidas 


Confederate  Soldier 


THE   INVASION   OF   KENTUCKY  1 75 

Polk,  of  Tennessee,  occupied  and  fortified  a  strong  posi- 
tion at  Hickman  and  Columbus,  in  the  southwest,  and 
General    ZollicofTer    established    troops    near 

'■  Confederates 

Cumberland  Gap,  in  the  southeast.  Where-  invade  Ken- 
upon,  on  the  5  th,  a  Federal  army  of  several 
thousand  strong,  under  an  order  from  Brigadier  General 
U.  S.  Grant,  entered  Kentucky  and  took  its  position  at 
Paducah.  The  legislature  promptly  ordered  that  the  flag 
of  the  United  States  be  hoisted  on  the  capitol,  to  proclaim 
Kentucky's  Union  attitude. 

General  Polk  notified  Governor  Magoffin  that  he  would 
withdraw  his  troops  provided  the  Union  troops  were 
simultaneously  withdrawn ;  and  offered  the  Legislature 
further  guarantee  that  Confederate  troops  drawirof^con- 
should  remain  out  of  the  State  provided  Fed-  federates 
eral  troops  should  not  be  allowed  to  enter  or  occupy  any 
point  in  Kentucky  in  the  future.  Now  the  Union  people 
disapproved  of  the  condition  thus  laid  down  by  General 
Po!k.^  On  the  iith,  the  legislature  passed  resolutions  to 
the  effect  that  Kentucky  expected  the  Confederate  troops 
to  withdraw  from  her  soil  unconditionally.  The  governor, 
who  was  opposed  to  the  Union  policy,  and  in  sympathy 
with  the  Confederacy,  vetoed  the  resolution,  but  it  was 
passed  immediately  over  his  veto. 

As  the  Confederate  forces  refused  to  comply  with  this 
order,  on  September  18,  the  State,  in  her  General  Assem- 
bly, abandoned  the  neutrality  ijosition,  and  de- 

-'  '  ,  -^    '  '  Neutrality 

clared  herself  an  active  supporter  of  the  Federal   position 
government.      Resolutions  were  introduced  and 
carried  :    ( i )  to    request  General   Robert    Anderson,  who 
had  already  been  appointed  commander  of  the  Department 

^  See  p.  168,  the  meaning  of  niediaturial  neutrality. 


176 


THE   Civil.   WAR 


of   the    Cumberland,   which    included    Kentucky,   to    take 
instant  command,  with  authority  to  call  out  the  volunteer 

force  of  the  Common- 
wealth for  the  purpose 
of  expelling  the  in- 
vaders from  the  soil ; 
(2)  to  protect  all 
peaceable  citizens 
while  this  necessary 
duty  was  being  per- 
formed ;  (3)  to  request 
the  governor  to  give  all 
the  aid  in  his  power 
to  accomplish  this  end, 
and  to  call  out  the 
militia  force  of  the 
State  under  his  con- 
trol, and  place  it  vmder 
the  command  of  Gen- 
eral Thomas  L.  Crittenden ;  (4)  to  invoke  the  patriotism 
and  aid  of  every  Kentuckian  for  the  defense  of  the  Com- 
monwealth. Again  the  governor  used  his  right  of  veto, 
and  again  the  legislature  disregarded  his  act.  '  Several  days 
later,  a  bill  was  passed,  —  notwithstanding  the  usual  veto, 
—  directing  the  governor  to  call  out  not  less  than  forty 
thousand  Kentuckians  to  be  placed  under  the  authority 
of  the  commanding  general,  to  aid  in  expelling  the  in- 
vaders. 

The  State  Guard,  who  had  been  armed  and  equipped  by 
the  State  for  her  own  use  and  protection,  laid  down  their 
The  state  arms  in  some  instances,  and  in  others  carried 

Guard  them  with  them,  and  went  almost  in  a  body 

into  the  ranks  of  the  Confederacy,  whither  their  principles 


Robert  Anderson 


THE   INVASION   OF   KENTUCKY 


177 


or  sympathy  led  them.  On  September  18,  their  leader, 
Brigadier  General  Simon  B.  Buckner,  was  ordered  to  invade 
Kentucky  and  to  fortify 
a  central  camp  at  Bowl- 
ing Green.  This  point 
became,  for  a  time,  the 
headquarters  of  the  Con- 
federate Army  of  the 
West,  then  placed  under 
the  command  of  Gen- 
eral Albert  Sidney  John- 
ston, a  Kentuckian  by 
birth. 

As  early  as  July,  Gen- 
eral Lloyd  Tilghman,  a 
resident  of  Paducah,  had 
resigned  his  position  in 
the  State  Guard,  and  at 
the    head   of    the    third 

Kentucky  regiment  of  infantry,  had  joined  the  Confeder- 
ate army.  Paducah  was  intensely  Southern,  and  most 
of  the  young  men  of  the  city,  previously  members  of  the 
State  Guard,  went  with  Tilghman.  From  the  force  of  the 
State  Guard,  also,  went  John  Hunt  Morgan,  then  captain 
of  the  Lexington  Rifles,  to  become  the  famous  Kentucky 
cavalry  raider,  —  General  Morgan  of  the  Confederacy.  By 
some  daring  stratagem,  he  succeeded  in  evading  the  Fed- 
eral authorities,  and  leading  most  of  his  company,  all  car- 
rying their  arms  with  them,  he  reached  Bowling  Green 
a  few  days  after  General  Buckner  had  taken  his  station 
there. 

On  the  contrary,  the  Home  Guards  were  nearly  all  sup- 
porters   of    the    Federal   government.      But    they   were    a 

KENT.   HrST.  —  12 


-I 


Thomas  L.  Crittenden 


1/8 


THE   CIVIL    WAR 


The  Home 
Guard 


body  of  undisciplined  troops  who  were  not  always  wise 
in  their  conduct.  Arrests  of  innocent  persons  were  fre- 
quently made  by  them,  and  thereby  wrath  was 
awakened  among  the  Southern  sympathizers 
against  the  Union  policy  the  State  had  adopted. 

The  legislature  heartily  condemned  all  such  unjustifiable 
arrests,  and  General  Anderson,  who  was  always  fair  as 
well  as  brave,  issued  a  proclamation  of  protection  to  the 
people.  It  was  to  the  effect  that  no  Kentuckian  should 
be  arrested  unless  he  took  part,  either  by  action  or  speech, 

against  the  authorities  of  the 
general  or  State  government, 
held  correspondence  with,  or 
gave  aid  or  assistance  to,  the 
enemy. 

Under  a  construction  of 
this  order  of  the  command- 
ing general,    a  „ 

*=*    *="  '  Prominent 

number  of  arrests  confederates 

T  ^    arrested 

were    made    of 
men  who,  by  their  position, 
were  able  to  give  efificient  aid 
to     the     Confederate    cause. 
William  Preston  Jamcs  B.  Clay  was  arrested 

for  this  reason,  as  were  also 
Reuben  T.  Durrett,  editor  of  the  Louisville  Courier,  and 
ex-Governor  Charles  S.  Morehead,  who  were  sent  to  politi- 
cal prisons  in  the  East.  The  judge  of  Harrison  County 
and  other  officers  of  that  court  were  arrested  and  sent  to 
the  United  States  barracks  at  Newport.  Every  effort 
was  put  forth  to  constrain  the  citizens  to  submit  to  the 
Union  policy  which  the  State  had  adopted. 

The    State  was   being   rapidly    divested  of    her   South- 


THE   INVASION    OF   KEXTUCKV 


179 


ern  sympathizers  among  the  soldiers.  During"  the  last 
week  of  September,  nearly  one  thousand  Kcntuckians 
passed  into  Virginia,  to  join  the  Southern  confederate 
forces.  John  C.  Breckinridge  left  his  seat  in  ^^^^^^^ 
the  United  States  Senate  to  become  brigadier  general 
in  the  Confederate  army.  Other  notable  leaders  of 
Confederate  volunteers  were  Roger  W.  Hanson,  Ben 
Hardin  Helm,  George  W.  Johnson,  Humphrey  Mar- 
shall, William  Preston,  and 
John  S.  Williams. 

Meanwhile  the  State  was 
gathering  loyal  soldiers  for 
the  Federal  service.  It  is 
difficult  to  estimate  the  exact 
numbers  furnished  to  the  Con- 
federate side  ;  but  it  may  be 
generally  stated  that  about 
three  times  as  many  of  the 
inhabitants  of  the  Common- 
wealth went  into 
the  Federal  army 
as      into      the      Confederate. 

Nevertheless,  many  mothers  and  aged  fathers  who  re- 
mained at  home  awaited  in  anguish  and  suspense  the 
tidings  from  the  opposing  armies,  each  of  which  contained 
dearly  loved  members  of  their  divided  families. 

The  departure  of  the  Confederates  left  vacant  a  number 
of  State  offices.  John  W.  Finnel,  an  efficient  Union  mem- 
ber of  the  legislature,  was  appointed  adjutant  important 
general,  in  the  place  of  Scott  Brown,  and  official  changes 
William  A.  Dudley  quartermaster  general,  in  the  place  of 
M.  D.  West,  who  had  followed  his  associate  into  the 
Southern   army.      Bland    Ballard    was    appointed   United 


Divided 
households 


Bland  Ballard 


i8o 


THE   CIVIL   WAR 


States  district  judge,  that  honorable  position  having  been 
vacated  by  its  holder,  Thomas  B.  Monroe.  John  C. 
Breckinridge  was  deprived  of  his  seat  in  the  United  States 
Senate,  and  Garrett  Davis  was  chosen  by  the  legislature 
to  succeed  him. 

Previous  to  the  21st  of  October,  only  insignificant  skir- 
mishes had  taken  place  on  Kentucky  soil ;  but  on  that  day 
First  battles  in  occurred  quite  a  desperate  encounter  at  Camp 
Kentucky  ^^j^j  Q^.^^  jn  the  Rockcastle  hills.     The  Fed- 

eral  troops  were  commanded  by  Colonel  T.  T.  Garrard; 

the  Confederate,  by  Brig- 
adier General  Zollicoffer. 
The  Confederates  were  out- 
numbered, and  in  spite  of 
the  efforts  of  their  able 
commander,  were  forced  to 
retreat.  Shortly  afterward, 
not  far  away,  at  Ivy  Moun- 
tain, in  Pike  County,  a  sim- 
ilar victory  was  gained  by 
Federal  troops  under  Gen- 
eral William  Nelson. 

On  the   1 8th  of  Novem- 
ber, there  occurred  a  unique 
event.      Delegates,    elected 
by  the  dissatisfied  minority 
of  the  State,  assembled  at  Russellville,  in  Logan  County, 
and    formed    what    they    called    a    provisional 

Confederate  ■'  '■ 

government  of  government  for  Kentucky.  George  W.  John- 
Kentucky  "^  ,  1         J-    11  r 

son  was  chosen  governor,  and  a  tull  corps  01 
State  officials  was  also  elected.  Bowling  Green  was  se- 
lected as  the  new  seat  of  government.  Henry  C.  Burnett, 
sometime    representative  in  the  United  States  Congress, 


William  Nelson 


THE   INVASION   OF   KENTUCKY  i8l 

William  Preston,  and  William  E.  Simms  were  sent  as  del- 
egates to  Richmond,  Virginia,  and  on  the  loth  of  December, 
the  government  there  established  went  through  the  form 
of  admitting  Kentucky  into  the  Confederate  States.  This 
little  episode  had  small  effect,  however,  upon  the  even 
tenor  of  Kentucky's  real  administration.  Soon  the  princi- 
pal actors  in  it  themselves  left  their  visionary  posts,  to 
enter  into  the  serious  events  of  Southern  warfare. 

On  November  13,  Brigadier  General  Don  Carlos  Buell 
succeeded  to  the  command  of   the  department  which  in- 
cluded Kentucky.     Early  the  following  month,  Bueii 
he  had  organized  at  Louisville  for  the  Union  J^i  command 
army  about    sixty  thousand    soldiers.     The    Confederates 
held  a  long  military  line  from  Cumber- 
land Gap  into  Arkansas  and  Missouri. 
They  had  strong  fortifications  on  the 
Cumberland,    Tennessee,    and    Missis- 
sippi rivers.       They  had  been  greatly 
discouraged  by  Kentucky's  unwavering 
efforts  for  the    Union ;    but  they  still 
hoped  to  gain  possession  of  the  State.  '^'' 

On  January  19,  1862,  General  George 
B.  Crittenden,  commanding  a  Confederate  force  of  about 
five  thousand  infantry,  came  upon  the  advancing  Federal 
army,  commanded  by  Major  General  George         . 
H.  Thomas,  under  whom  were  Colonels  Speed  Federal  victory 
Smith    Fry   and    Frank    L.  Wolford,    at  Mill 
Springs,  in  Pulaski  County.     The  Confederate  attack  was 
led   by  General    Zollicoffer,  who  was   killed    after  a  few 
hours'  hard  fighting.    The  Federal  force,  which  at  the  out- 
set was  somewhat  less  than  that  of  the  enemy,  was  about 
this  time  reenforced.     The  Confederates  were  thrown  into 
confusion  and  driven  to  retreat  into  Tennessee.     This  was 


1 82  THE   CIVIL   WAR 

the  first  of  the  important  victories  which  led  to  the  evacua- 
tion of  the  State. 

Another    discouraging  defeat  to  the  Confederates  was 

soon  to  follow.     On  the  6th  of  February,  General  Lloyd 

Tilghman,    in    command    of   the    Confederate 

Fall  of  Forts  °  ' 

Henry  and  Fort    Henry,    on    the    Tennessee    River,    was 

compelled  to  surrender  to  General  Gran,t.     On 
the  1 2th  of  the  month.  General  Grant  began  his  celebrated 
,/  ^  assault  on  Fort  Donel- 

son,  on  the  south- 
west bank  of  the 
Cumberland 
River.  The 
C  onf  e  d  erat  e 
troops  were 
commanded  by 
Generals  John 
'^  B.  Floyd,  Gideon  J. 

Pillow,  and  Simon  B.  Buck- 
ner.     Two  Kentucky  regiments 
Bombardment  of  Fort      were   euffasTed    Oil   cach   sidc :    Colonel 


Henry 


&'' 


John  H.  McHenry's  and  Colonel  James 
M.  Shackleford's,  on  the  Federal;  Colonel  Roger  W.  Han- 
son's and  Colonel  H.  B.  Lyon's,  on  the  Confederate.  The 
terrible  carnage  lasted  nearly  five  days,  during  bitterly 
cold  weather,  rain,  and  sleet.  On  the  night  of  the"  15th, 
Generals  Floyd  and  Pillow  escaped  with  portions  of  their 
brigades.  On  the  i6th,  General  Buckner  proposed  terms 
of  capitulation,  but  General  Grant  demanded  and  obtained 
an  unconditional  surrender. 

On  the  14th,  before  the  fate  of  Donelson  was  definitely 
decided,  the  Confederates  abandoned  Bowling  Green. 
On  the  27th,  Columbus  was  also  evacuated.    Federal  troops 


THE   INVASION   OF   KENTUCKY 


183 


Lloyd  Tilghman 


under    the    chief    command    of 

General  Buell  — 114,000  men  — 

were    meanwhile 

Kentucky  evac- 
uated by  the       pressing  southward. 
Confederates         ,-.      ,,  ^,,       r  t-   i 

On  the  25th  of  Feb- 
ruary, they  took  possession  of 
Nashville,  Tennessee. 

The  retreating  Confederates 
passed  through  Nashville  be- 
fore the  advance  of  the  Fed- 
erals. General  Albert  Sidney  "^ 
Johnston  reorganized  his  army 
at     Murfreesboro,     and    having 

been   reenforced 

Battle  of  Shiloh    i        /--  i    r) 

by  General  Beaure- 
gard,   again    moved    southward 

to  Corinth,  Mississippi.  General  Grant  pushed  his  forces 
in  a  parallel  direction  and  established  his  camp  at 
Pittsburg  Landing,  near  Shiloh  Church,  on  the  Tennes- 
see River.  The  engagement 
which  occurred  there  on  the 
morning  of  the  6th  of  April, 
although  desired  by  the  Union 
army,  was  hastened  by  the  wis- 
dom of  the  Confederate  com- 
mander. The  battle  of  Shiloh 
was  one  of  the  most  terrible  in 
the  war.  The  fighting  contin- 
ued for  two  days.  At  the  close 
of  the  first  day  the  Federals 
were  driven  in  disorder  to  the 
river,  and  it  seemed  as  though 

Albert  Sidney  Johnston  victory  WCrC  with    the    Coufcdcr- 


1 84 


THE   CIVIL   WAR 


ates,  although  their  commander,  General  Johnston,  had 
falle-n  with  a  mortal  wound.  But  in  the  night  General 
Grant  was  reenforced  by  General  Buell  with  twenty  thou- 
sand men.     After  a  rushing  march  of   twenty-five  miles, 


Attack  on  Fort  Donelson 


General  Buell  reached  the  field  in  time  to  turh  the  victory 
to  the  Federals.  But  the  loss  of  life  was  very  great,  and 
the  Kentucky  regiments  suffered  more  than  their  pro- 
portion. 

RECAPITULATION 


Kentucky's  futile  efforts  for  peace. 
It  was  impossible  for  her  to  remain 

apart  from  the  war. 
Kentucky  Federals  and  Confederates 

recruited  outside  the  State. 
Kentucky's  tragic  situation. 


Federals  and  Confederates  organized 
within  the  State. 

The  neutrality  position  not  yet  aban- 
doned. 

Confederate  victory  in  the  battle  of 
Bull  Run. 


THE  INVASION   OF   KENTUCKY 


185 


Conservative  Union  party  carries  the 
State  elections  of  1861. 

The  newly  elected  legislature  assem- 
bles September  2. 

Confederates  invade  the  State  on  the 

3d. 

General  Polk  establishes  troops  in 
the  southwest;  General  Zollicoffer, 
in  the  southeast. 

Legislature  orders  withdrawal  of  the 
Confederates. 

General  Polk  refuses  unless  Federal 
troops  are  also  withdrawn. 

Legislature  demands  an  uncondi- 
tional withdrawal. 

Neutrality  abandoned,  September  18. 

Kentucky  declares  herself  actively  for 
the  Union. 

Robert  Anderson  appointed  comman- 
der of  Kentucky  department  of  war. 

T.  L.  Crittenden,  commander  of  Ken- 
tucky militia. 

Other  important  resolutions  passed  by 
the  legislature. 

State  Guard  joins  the  Confederate 
army. 

Young  men  from  Paducah  follow 
General  Lloyd  Tilghman. 

General  S.  B.  Buckner  invades  Ken- 
tucky, September  18. 

Bowling  Green  the  Confederate  head- 
quarters for  a  time. 

The  Confederate  general  John  Hunt 
Morgan. 

The  Home  Guard  almost  entirely 
Union. 

A  body  of  undisciplined  troops. 

Cause  trouble  by  making  unlawful  ar- 
rests. 


Prominent  Confederates  arrested. 
Efforts  to  constrain    the   citizens  to 

submit  to  the  Union  policy. 
Many  Kentuckians  join  the  Confed- 
erate army. 
Notable  Confederate  leaders. 
About  three  times  as  many  join  the 

Federal  army. 
The  households  of  the  State  are  di- 
vided. 
A  number  of  civil  offices  left  vacant 

by  Confederates. 
First  battles  in  Kentucky. 
Federal  victories  at  Camp  Wild  Cat 

and  Ivy  Mountain. 
Confederates  meet  at  Russellville,  Lo- 
gan County. 
Frame  a  provisional  government  for 

Kentucky. 
George  W.  Johnson  chosen  their  gov- 
ernor. 
Don    Carlos    Buell     commander    of 

Kentucky  Department. 
Sixty  thousand  Federal  troops  organ- 
ized at  Louisville. 
Battle     of     Mill     Springs,     Pulaski 

County. 
Federals  gain  a  significant  victory. 
Fall  of  Confederate  Forts  Henry  and 

Donelson. 
Kentucky  evacuated. 
One  hundred  and  fourteen  thousand 
Federal     troops     pressing     south- 
ward. 
Nashville  taken  possession  of. 
Another  Federal  victory  in  the  battle 

of  Shiloh. 
General  Buell's  part  in  the  battle. 


CHAPTER   XVII 

THE   SECOND    INVASION   OF   KENTUCKY,    APRIL-DEC,   1862 

The  Conservative  Union  people  of  Kentucky  loved  the 
Union  and  the  constitution  above  all  property  considera- 
tions, sacrificing    for   it    kindred    and    ties    of 

Congress  . 

actively  favors   sympathy,  and  life  itself.     Very  many  of  them 

abolition  ,  ,  j    ,,  t     i 

were  large  slave  owners,  and  they  relied  upon 
the  protection  which  the  constitution  of  the  United  States 
gave  to  their  slave  property.  Many  who  regretted  the 
existence  of  such  property,  as  well  as  those  who  approved 
it,  were  agreed  in  maintaining  that  the  government  had  no 
right  to  interfere  with  it.  During  all  the  early  months  of 
that  time  of  trial  they  clung  —  with  a  trust  that  refused  to 
see  the  tendency  of  the  issue  —  to  the  belief  that  the 
government  did  not  intend  to  invade  the  rights  of  the 
South ;  that  its  sole  object  was  to  suppress  the  rebellion, 
and  then  to  restore  the  Union  and  the  constitution.  But 
all  the  while  events  were  steadily  pressing  towards  the 
abolition  of  slavery.  In  April,  1862,  the  first  step  in  this 
direction  was  taken  by  Congress  abolishing  slavery  in  the 
District  of  Columbia.  The  venerable  John  J.  Crittenden 
made  one  of  his  last  great  efforts  to  defeat  this  measure, 
as  did  other  of  the  statesmen  of  Kentucky, —  Aaron  Hard- 
ing and  William  Henry  Wadsworth,  in  the  House  of 
Representatives,  and  Garrett  Davis  in  the  Senate. 

An    antagonism    was    therefore    spreading    throughout 

186 


THE   SECOND    INVASION   OF   KENTUCKY 


187 


the  State  to  the  Federal  authorities  at  Washington.     This 
was    greatly  increased  by  the  military  policy  which  was 
now    adopted.       On    June   i,    1862,   Kentucky  j,  ^^^  ^ 
was    placed    under    martial    law.       Brigadier  adverse  to  this 

coursG 

General    Jeremiah    Tilford    Boyle    was    made 
military  commandant.     Provost  marshals  were  appointed 
in  every  county.     Any  one  suspected  of  aiding  or  abetting 
the  Confederacy  was  ar- 
rested and  compelled  to 
subscribe  to  an  oath  of 
allegiance    to    the    gov- 
ernment of  the   United 
States    before    he    was 
discharged.  The  printed 
formula     of     the     oath 
stated  that  its  violation 
was  death. 

For  some  time  the  lives 
and  property  of  loyal 
citizens  had  been  dis- 
turbed by  lawless  bands 
of  men  called  guerril- 
las. The  guerrillas  were 
mostly  soldiers  who  had 
broken  away  from  the 
ranks  of  the  Confederacy, —  wild,  reckless  men,  who  had 
been  made  inhuman  by  some  injury  they  or  Martial  law 
their  families  had  suffered  from  Federal  "Sensive 
soldiers  or  authorities.  They  banded  themselves  together 
and  dashed  through  the  country,  wreaking  their  vengeance 
upon  the  innocent  victims  in  the  Commonwealth.  Now 
the  order  went  forth  that  whenever  such  depredations 
should  hereafter  occur,  the  Confederate  sympathizers  in 


Jeremiah  T.  Boyle 


THE   CIVIL   WAR 


the  neighborhood  where  the  offenses  were  committed 
should  be  held  responsible  and  made  to  pay  the  damages. 
Although  these  raids  were  exceedingly  harassing,  the 
measures  employed  for  their  suppression  were  most 
objectionable    to    the    Kentuckians    generally.     However, 

General  Boyle  endeavored  to 
execute  the  severe  orders  of 
the  secretary  of  war  with  as 
much  leniency  as  possible. 
Meanwhile,  an  excitement 
of  a  very  practical  nature  had 
been   created  in  „ 

Morgan,  the 
the  State.    Exag-    confederate 

,  ,       cavalry  raider 

gerated  reports 
were  spreading  wildly,  con- 
cerning General  John  Hunt 
Morgan,  who  with  his  Con- 
federate cavalry  had  entered 
Monroe  County  early  in  July  on  his  first  Kentucky  raid. 
This  daring  leader  of  a  few  hundied  men  did  most  effective 
service  to  the  Confederate  cause.  The  methods  he  em- 
ployed required  quick  wits  and  coolness  of  action. 

At  Tompkinsville  he  defeated  two  hundred  and  fifty 
Federal  cavalry,  and  then  moved  northward,  following  the 
line  of  the  Louisville  and  Nashville  railroad,  through  Glas- 
gow, to  Bear  Wallow.  There  an  expert  operator  on  his 
staff  tapped  the  telegraph  wire  and,  on  the  ground  that  all 
things  are  fair  in  war,  sent  false  dispatches  concerning 
Morgan's  numbers  and  movements,  and  also  received  in- 
formation in  regard  to  the  Federal  plans.  The  telegraph 
was  frequently  employed  in  this  manner,  and  the  Federal 
officers  were  much  mystified  and  alarmed. 

Along  the  line   of  Morgan's  march,  railroads  were  de- 


John  Hunt  Morgan 


I 


I 


THE   SECOND    INVASION   OF   KENTUCKY  189 

stroyed,  supply  trains  were  captured,  and  horses  were 
seized  for  the  use  of  the  Confederacy.  At  Cynthiana, 
quite  a  severe  contest  occurred.  A  Federal  force  of  nearly 
five  hundred,  under  Colonel  John  J.  Landrum,  was  captured, 
after  a  resistance  of  nearly  two  hours.  Being  pursued  by 
General  Green  Clay  Smith  and  Colonel  Frank  L.  Wolford, 
with  a  Federal  force  somewhat  superior  in  numbers  to  his 
own,  Morgan  hastened  southward,  capturing  several  towns 
on  his  way,  and  destroying  government  stores.  He  trav- 
eled over  one  thousand  miles  in  twenty-four  days,  fought 
repeatedly,  and  lost  only  about  ninety  of  his  men. 

It  is  noteworthy  that  in  this  time  of  intense  excitement 
a  change  in  the  highest  civil  office  of  the  Commonwealth 
was  made  in  an  altogether  dispassionate  and 

Orderly  change 

rather    unique     manner.       The    governor,    a  in  the  state 

„       , ,  .  1  .  Ill  ^      r  1    administration 

Southern  sympathizer,  had  been  out  of  accord 
with  the  rest  of  the  administration.  He  indicated  his 
desire  to  resign,  provided  his  successor  should  be  agreeable 
to  him.  The  lieutenant  governor,  Linn  Boyd,  having  died, 
the  president  of  the  Senate,  John  F.  Fisk  (to  whom  the 
governor  was  inimical)  would  have  become  governor  upon 
the  vacation  of  the  office.  That  gentleman,  perceiving  the 
situation,  consented  to  resign  his  position.  James  F.  Rob- 
inson, a  harmonizing  member  of  the  Union  element,  was 
elected  speaker.  Governor  Magoffin  resigned,  and  Speaker 
Robinson  became  acting  governor.  Whereupon,  the  Hon- 
orable John  F.  Fisk  was  reelected  to  his  former  office. 

Morgan's  bold  ride  through  the  State  was  but  a  prepara- 
tion for  the  military  disturbance  which  was  now  anticipated. 
Since  the   battle    of    Shiloh    there    had  been 

General  E. 

organizing  at  Chattanooga  a  force  of  more  than  Kirby  smith's 

forty  thousand  Confederates,  under  the   chief 

command  of  General  Braxton  Bragg,  for  the  invasion  of 


190  THE   CIVIL   WAR 

Kentucky,  and  especially  for  the  capture  of  Louisville  and 
Cincinnati.  General  Buell,  the  department  commander, 
did  not  anticipate  this  move.  He  held  his  troops  between 
Murfreesboro  and  Nashville,  expecting  an  attack  in  central 
Tennessee.  During  the  last  week  in  August,  General  E. 
Kirby  Smith,  with  about  one  third  of  this  Confederate 
army,  entered  Kentucky  at  Big  Creek  Gap  and  moved  on 
towards  Richmond,  where  the  only  organized  force  of  the 
State  was  stationed, —  two  brigades  of  seven  or  eight  thou- 
sand, mainly  undisciplined  troops  from  Ohio  and  Indiana, 
under  the  command  of  General  William  Nelson. 

Skirmishing  began  on  the  29th  between  the  advance  of 
both  armies.  General  Nelson  was  absent  from  head- 
Batue  of  Rich-  quarters.  General  Manson  of  Indiana  (the 
^°^^  officer  next  in  command),  believing  he  should 

encounter  only  one  of  the  raiding  parties  then  numerous 
in  the  State,  pushed  on  the  next  morning  with-  his  one 
brigade  and  gave  attack  to  the  whole  of  General  Smith's 
army.  The  Federals  held  their  own  for  several  hours,  but 
were  finally  overcome  and  driven  back  in  wild  confusion 
towards  Richmond. 

After  a  furious  ride.  General  Nelson  reached  the  scene 
of  disorder.  Raging  and  desperate,  he  vainly  tried  to 
rally  his  forces.  One  of  his  own  officers  called  to  his 
men  to  scatter  and  run,  and  the  infuriated  Nelson  drew 
his  sword  and  cut  him  to  the  ground.  But  he  had  arrived 
too  late.  The  victorious  Confederates  moved  on  to  Lex- 
ington, where  several  days  later  they  were  joined  by 
Morgan's  Confederate  cavalry. 

On  Sunday  night  the  legislature  met  and  adjourned  to 
Louisville  (according  to  a  provision  which  had  been 
passed  for  such  an  emergency),  carrying  the  archives 
of  the  State  thither  for  protection. 


THE   SECOND   INVASION   OF   KENTUCKY 


191 


While  Kirby  Smith  impatiently  awaited  the  orders  of 
General  Bragg,  that  officer,  with  the  main  army,  was 
making  his  slow   march   into   Kentucky.     Bv 

°         .  .  -^  ■'     Bragg  and 

way  of    misleading    Buell,   Bragg  first  moved  Bueirs  contest 
westward  to  Nashville,  and  when  he  reached  °  "c  y 

Glasgow,  in  Barren  County,  he  had  lost  at  least  ten  days. 
Sixteen  more  days  were  consumed  in  a  march  to  Lexing- 
ton. Meanwhile  Buell  had 
outreached  him,  and  with 
an  army  now  numbering 
one  hundred  thousand 
men,  had  entered  Louis- 
ville on  September  25. 
The  conditions  of  the  two 
armies  were  reversed.  The 
Federals  had  a  most  de- 
cided advantage.  Western 
troops  had  hastened  to  the 
defense  of  Cincinnati.  The 
Federal  General  Lew  Wal- 
lace was  in  command.  All 
chance  of  the  Confederates 
capturing  that  city  and  Louisville  was  lost. 

On  October  i,  Buell  moved  out  of  Louisville  to  give 
attack  to  the  Confederates.  A  detachment  was  sent 
toward  Frankfort,  while  the  main  army  followed  a  south- 
eastward course.  Instead  of  vigorously  grasping  the  situ- 
ation, Bragg  tarried  at  the  capital,  where  the  Confederates 
went  through  the  vain  ceremony  of  inaugurating  Richard 
Hawes  provisional  governor  of  Kentucky,  in  the  place  of 
George  W.  Johnson,  who  had  fallen  at  Shiloh.  The  act 
was  hardly  completed  when  the  advance  guard  of  Buell's 
army   reached  the  town.      Governor    Hawes    hastened   to 


Braxton  Bragg 


192  THE   CIVIL   WAR 

Lexington,  and  the  provisional  government  of  Kentucky 
vanished,  never  to  reappear. 

The  two  armies  came  together  near  Perryville,  in  Boyle 
County,  on  October  8.  There  was  fought  one  of  the 
Battle  of  severest  contests  of  the  war :  a  battle  terrible 

Perryville  ^^   ^^g^   ^^   valuable   livcs   on  both  sides,  and 

yet  undecisive  in  result.  Of  the  twenty-five  thousand 
Federals  and  fifteen  thousand  Confederates  engaged  in  it, 
at  least  seven  thousand  fell  in  the  few  hours  the  fighting 
continued  between  noon  and  twilight.  The  immediate 
commander  of  the  Federal  force  was  Major  General 
Alexander  McCook ;  of  the  Confederate,  Major  General 
William  J.  Hardee.  Nearly  half  of  the  Confederate  army 
was  at  Frankfort,  while  the  Federals  had  heavy  reenforce- 
ments  (Major  General  Thomas  L.  Crittenden's  corps) 
within  summoning  distance.  The  battle  was  brought  on 
through  a  misunderstanding  on  the  part  of  the  Confed- 
erates, who  believed  they  were  attacking  only  a  detach- 
ment of  the  Federal  force.  General  Buell,  who  expected 
an  engagement  the  next  day,  was  some  distance  away  and 
was  not  informed  of  what  was  taking  place  before  the 
battle  was  half  over.  And  then,  through  a  misunderstand- 
ing on  his  part  of  the  true  situation,  —  supposing  Bragg's 
entire  army  was  engaged,  —  he  determined  not  to  press 
the  action  further  until  the  morning. 

But  on  the  morrow  Bragg  had  withdrawn  his  forces  and 
begun  his  retreat  from  Kentucky.  At  Harrodsburg  he 
Failure  of  was  joined  by  General  Smith's  corps.     With 

to  securr*^^  wise  cautiou,  Buell  refrained  from  bringing  on 
Kentucky  g^^^  engagement  with  the  Confederates.     Only 

skirmishes  took  place.  No  other  definite  battle  occurred; 
and  Bragg  escaped  from  the  State,  having  made  a  failure 
of  his  whole  campaign.      After  this,  fighting  on  a  large 


THE   SECOND    INVASION   OF   KENTUCKY 


193 


scale  was  practically  ended  in  Kentucky.  Again  and 
again  Morgan's  "wild  riders"  spread  terror  throughout 
the  State,  and  repeated  skirmishes  occurred  in  various 
localities  ;  but  no  other  Confederate  effort  was  made  to 
secure  Kentucky. 


Morgan's  Wild  Riders 


I 


The  soldiers  of  Kentucky  were  now  to  be  engaged  in 
many  of  the  great  battles  of  the  South.  They  took  part 
at  Murfreesboro,  Chickamauga,  Missionary  The  soldiers  of 
Ridge,  Lookout  Mountain,  Kenesaw  Mountain,  Kentucky 
Vicksburg,  etc.  ;  and  everywhere,  on  both  sides,  they 
were  conspicuous  for  their  courage  and  power  of  endur- 
ance. They  were  all  volunteers,  and  belonged  to  the  best 
families  of  the  Commonwealth,  —  strong,  tall  men,  un- 
13 


KENT.  HIST. 


194 


THE   CIVIL   WAR 


equaled  in  size  by  any  other  troops  of  the  United  States, 
with  the  exception  of  those  of  Tennessee. 

The  Confederate  army  continued  to  receive  recruits 
from  Kentucky  until  the  end  of  the  war.  Though  it  is 
impossible  to  state  precisely  the  number  given  to  that 
service,  it  has  been  fairly  estimated  as  over  forty  thousand. 
It  is  possible  to  be  more  exact  in  regard  to  the  Federal 
numbers.  According  to  the  estimates  of  the  adjutant 
generals,  before  the  close  of  the  w^ar  the  State  had  given 
to  the  Federal  service  upwards  of  one  hundred  thousand 
white  men, — nearly  one  tenth  of  the  entire  population. 
Besides  this,  eleven  thousand  negroes  were  enlisted  for 
the  United  States  army. 

RECAPITULATION 


Love  of  Kentucky  Conservatives  for 
the  Union. 

Their  trust  that  the  constitution 
would  be  restored  after  the  war. 

Belief  that  the  government  did  not 
intend  to  destroy  the  institutions  of 
the  South. 

The  first  step  in  the  revolution  taken. 

Slavery  abolished  in  the  District  of 
Columbia  by  Congress. 

Kentucky  statesmen  vainly  try  to  de- 
feat the  measure. 

The  State  excited  against  the  Federal 
government. 

Martial  law  enforced,  June,  1862. 

General  J.  T.  Boyle  military  comman- 
dant. 

Provost  marshals  appointed  in  every 
county. 

Terrible  raids  of  outlaws  called  guer- 
rillas. 

Severe  measures  enforced  to  suppress 
guerrillas. 


Morgan's  first  Kentucky  raid. 

His  quick  wits  and  bold  methods. 

His  victory  in  the  battle  of  Cynthi- 
ana. 

His  effective  service  to  the  Confed- 
eracy. 

The  State  administration  mainly 
Conservative  Union. 

Governor  Magoffin,  a  Southern 
Rights   man,   resigns. 

His  successor  chosen  in  a  unique 
manner. 

James  F.  Robinson,  Conservative, 
becomes  governor. 

Over  40,000  Confederates  organized 
at  Chattanooga. 

General  Braxton  Bragg  in  chief  com- 
mand. 

The  invasion  of  Kentucky  proposed. 

The  State  invaded  by  E.  Kirby 
Smith  with  one  third  of  this  army. 

The  only  organized  force  of  the 
State  at  Richmond. 


THE   SECOND    INVASION   OF   KENTUCKY 


195 


General  William  Nelson,  Federal,  in 
command. 

Confederate  victory  in  the  battle  of 
Richmond. 

They  triumphantly  enter  Lexington. 

Are  joined  by  Morgan's  Confederate 
cavalry. 

The  legislature  adjourns  to  Louis- 
ville. 

Bragg's  dilatory  march  to  Kentucky. 

Buell  reaches  the  State  first. 

Takes  possession  of  Louisville. 

Federals  also  in  possession  of  Cin- 
cinnati. 

Buell  has  the  advantage  of  Bragg. 

Bragg's  army  inaugurates  a  governor 
at  Frankfort. 

The  two  armies  meet  at  Perryville. 


A  terrible  engagement. 

An  indecisive  result. 

Fighting  ends  at  twilight. 

Buell  proposes  to  continue  the  action 
on  the  morrow. 

Bragg  withdraws  his  forces  the  next 
day. 

Buell  refrains  from  bringing  on  an- 
other encounter. 

Bragg,  joined  by  General  Smith,  es- 
capes from  the  State. 

War  practically  at  an  end  in  Ken- 
tucky. 

Kentucky  soldiers  in  the  great  battles 
of  the  South. 

Their  courage  and  conspicuous  size. 

Numbers  furnished  by  the  State  to 
each  side. 


CHAPTER  XVIII 

CIVIL   CONFLICTS,    1863-1865 

The  opposition  in  Kentucky  to  the  Lincoln  administra- 
tion   rose  to   a  high  tide  when   on  January    i,    1863,  the 
President  issued  his  Emancipation  Proclama- 

Kentucky  .  ,.,  .  ,  ,  .  ,  ,. 

opposed  to  Lin-  tion,  hberatmg"  the  slaves  m  the  secedmg 
CO  n  s  po  icy  5j-a^tes  Kentucky,  being  loyal,  was  not  im- 
mediately concerned;  but  the  proclamation  was  deemed 
a  violation  of  the  constitution  of  the  United  States. 

President  Lincoln  had  been  elected  under  a  policy  which 
declared  that  all  the  people  in  the  seceded  States  had  to 
do  was  to  lay  down  their  arms  and  return  to  their  allegiance 
to  the  Union,  and  that  then  they  would  be  protected  in 
all  their  rights  by  the  constitution.  As  the  war  progressed, 
it  seemed  necessary  to  the  President  to  depart  from  this 
policy.  But  the  people  of  Kentucky,  at  that  exciting  time, 
could  not  perceive  as  we  do  to-day  the  destiny  which  urged 
Lincoln  on  to  mighty  deeds. 

The  Radical  or  Unconditional  Union  element  in  the 
State  alone  upheld  the  administration  ;  but  the  controlling 
Opposition  power  was  still  the  Conservative  Union,  or 
increased  Union  Democratic  party,  as  it  was  now  called. 

Their  ticket  was  victorious  at  the  August  election.  Thomas 
Elliot  Bramlette  and  Richard  T.  Jacob,  both  Federal 
officers,  were  chosen  respectively  governor  and  lieutenant 
governor.  Although  there  was  hardly  a  possibility  of  the 
Union   ticket  being  defeated,  the   most    arbitrary    means 

196 


CIVIL   CONFLICTS 


197 


were  enforced  to  secure  its  success.  The  military  officers 
of  the  State  were  controlled  by  orders  from  the  War  De- 
partment in  Washington.  Prior  to  the  election,  martial 
law  was  declared.  The  polls  were  guarded  by  soldiers,  and 
no  disloyal  person  was  allowed  to  vote.  The  Kentuckians 
very  generally  resented  this  interference  of  the  military 
rulers  with  their  civil  government. 

In  the  autumn  of  1863,  President  Lincoln  called  for 
three  hundred  thousand  more  men  to  prosecute  the  war. 
Kentucky's  quota  was  twelve  thousand  seven  uggro  soldiers 
hundred  and  one.  Early  in  January,  1864,  ^"""oiied 
the  Federal  government  began  recruiting  in  the  State 
negro  regiments  for  the  United  States  army.  Now  the 
people  of  Kentucky  had 
ever  been  true  to  the 
Union.  No  call  for 
men  and  money  had 
been  made  upon  them 
that  was  not  promptly 
met.  They  were  gal- 
lant soldiers,  proud  of 
their  military  record. 
The  negroes  were  their 
slaves.  To  arm  these 
slaves  and  place  them 
by  their  side  in  battle 
seemed  to  them  at 
that  time  a  degrada- 
tion to  themselves  and 
to    that    high    calling 

for  which  they  had  volunteered  their  lives.  What  we 
name  race  prejudice  to-day  was,  at  that  time,  an  almost 
unconquerable  feeling. 


Drilling  Negro  Recruits 


igS  THE   CIVIL   WAR 

Opposition  to  this  measure  and  to  the  men  who  con- 
trolled the  Federal  government  burst  forth  in  denunciatory 
Indignation  of  Speeches  within  the  State  and  in  Congress. 
Kentucky  js^^    Lexington,    the    daring    Federal    cavalry 

raider,  Colonel  Frank  L.  Wolford,  with  his  picturesque, 
untutored  eloquence,  roused  the  people  to  revolt  from  the 
idea  of  "  keeping  step  to  the  music  of  the  Union  alongside 
of  negro  soldiers";  and  for  his  defiance  was  arrested 
and  imprisoned.  Lieutenant  Governor  Jacob  also  de- 
nounced the  methods  of  the  administration,  and  likewise 
suffered  arrest.  In  Congress,  Aaron  Harding  spoke  ably 
on  the  same  subject,  and  William  Henry  Wadsworth  made 
a  speech  which  increased  Kentucky's  claim  to  orators. 

Early  in  January,  1864,  General  Boyle  resigned  the 
position  of  military  commandant  of  Kentucky.  He  had 
Military  Striven  to  fulfill  his  trying  duties  as  a  Christian 

oppression  gentleman ;  and  his  resignation  was  a  misfor- 
tune to  the  Kentuckians.  For  the  next  two  years  the  people 
were  harassed  by  a  series  of  military  rulers  who  were  re- 
garded at  the  time  as  nothing  less  than  tyrannical.  In 
February,  Major  General  Steven  G.  Burbridge  was  ap- 
pointed commander  of  the  department  of  Kentucky.  He 
belonged  to  the  extreme  Radical  wing  of  the  Union  party 
in  his  State,  and  he  met  the  situation  in  Kentucky  in  what 
seemed  a  harsh  and  unrelenting  manner. 

The  terrible  guerrilla  raids,  alike  condemned  by  honor- 
able Confederates  and  Federals,  became  exasperatingly 
Notorious  frequent   during   the    last   years    of    the  war. 

guerrillas  Scarcely  a  county  in  the  State  escaped  their 

depredations,  and  their  leaders  usually  succeeded  in  evad- 
ing the  officers  of  the  law.  It  was  only  after  long  months, 
when  unnumbered  crimes  had  been  committed,  that  three 
of  the  most  notorious  leaders  were  captured ;  and  then  by 


CIVIL   CONFLICTS  1 99 

accident.  Captain  Billy  Magruder,  of  a  powerful  gang, 
had  been  dangerously  wounded.  Two  of  his  comrades, 
Henry  Metcalf  and  "Sue  Munday," — showing  that  spark 
of  goodness  which  exists  in  all  human  beings,  —  had  tarried 
by  to  nurse  him.  They  were  captured,  and  Munday,  the 
most  conspicuous  of  the  three,  was  taken  to  Louisville  and 
hung,  although  to  the  last  he  maintained  his  innocence  of- 
the  crimes  with  which  he  was  charged. 

Meanwhile  terror  filled  the  hearts  of  the  aged,  and  the 
women  and  children ;  for  none  were  exempt  from  the 
guerrilla  cruelties.  The  civil  authorities  of  the  civii  and  miii- 
Commonwealth  made  an  earnest  effort  to  sup-  t^'v  conflicts 
press  this  evil,  but  they  did  not  have  the  power  which 
belonged  to  their  offices.  From  now  until  the  establish- 
ment of  peace  they  were  disturbed  and  enfeebled  by  un- 
avoidable conflicts  with  the  military  rulers  which  the 
secretary  of  war  placed  ov^er  the  State. 

The  new  commanding  officer.  General  Burbridge,  as- 
sumed control  of  the  State.  The  measures  which  he 
adopted  to  suppress  the  guerrillas  were  thought  very  gen- 
erally to  be  as  brutal  as  the  acts  of  those  outlaws  them- 
selves. He  issued  an  order  to  the  effect  that  whenever  a 
citizen  was  killed  by  guerrillas,  four  military  prisoners 
should  be  taken  to  the  spot  where  the  murder  was  com- 
mitted, and  hung  in  retaliation.  These  prisoners  were 
supposed  to  be  guerrillas,  yet  as  has  been  stated,  guerrillas 
were  seldom  captured.  The  victims  were  usually  simply 
Confederate  prisoners  of  war.  Strong  opposition  to  such 
measures  was  expressed  throughout  the  State,  but  to  no 
effect.  In  the  western  district,  where  Brigadier  General 
E.  A.  Paine  was  in  command,  the  military  acts  grew  so 
oppressive  —  extending  even  to  bold  murder  and  robbery 
—  that  many  peaceable  citizens  were  obliged  to  abandon 


200 


THE   CIVIL   WAR 


their  homes  to  escape  a  horrible  fate.  In  several  cases, 
even  loyal  men  who  had  fought  for  the  Union,  were 
arrested  by  order  of  General  Burbridge  and  sent  outside 
of  Kentucky,  because  they  had  expressed  their  opposition 
to  the  men  in  control  of  national  affairs.  But  these  were 
not  all  the  grievances  which  the  people  of  that  day  had  to 
■deplore.      The  Federal  officers  further  encroached  upon 

the  civil  powers  by  attempt- 
ing to  control  the  elections  of 
the  State. 

In  August,  1864,  the  elec- 
tion for  judge  of  the  court  of 
appeals     in     the  ^,.  ^ 

^^  _  Victory  of  Con- 

second      district    servatlve  union 

was  to  take  place, 
as  well  as  for  some  minor 
county  and  precinct  officers. 
Judge  Alvin  Duvall,  a  South- 
ern Rights  man,  was  the 
Democratic  candidate  for  re- 
election. The  division  in  the 
Union  party  of  the  State, 
which  has  already  been  noted, 
was  steadily  becoming  more  pronounced.  Mortimer  M. 
Benton,  an  eminent  lawyer  of  Covington,  was  the  nominee 
of  the  Radical  wing  of  that  party. 

Several  days  before  the  election.  General  Burbridge 
ordered  that  the  name  of  Alvin  Duvall  should  not 
be  allowed  to  appear  on  the  poll  books  as  a  candidate. 
This  interference  of  the  military  authorities  with  the  civil 
government  was  not  only  insufferable,  but  altogether  un- 
necessary. Kentucky  was  still  a  zealous  Union  State. 
There  was  no  chance  just  yet  of   any   Southern    Rights 


George  Robertson 


CIVIL   CONFLICTS 


20I 


candidate  being  elected.  The  coast  now  seemed  cleared 
for  the  election  of  the  Radical  candidate,  Benton  ;  but  the 
Conservative  Union  men,  in  righteous  resentment  of  Gen- 
eral Burbridge's  order,  on  the  very  morning  of  the  election, 
telegraphed  over  the  district  the  name  of  a  new  candidate, 
George  Robertson,  formerly  chief  justice,  and  he  was 
elected. 

George  Robertson,  who  was  one  of  the  most  competent 
judges  in  Kentucky,  had  always  been  on  the  Conserva- 
George  tivc     sidc    in 

Robertson  politics.        He 

had  taken  part  in  the  in- 
teresting conflict  between 
the  Old  Court  and  New 
Court  parties,  upholding 
the  former  faction.  He 
had  been  a  stanch  Whig, 
and  now  he  was  a  Con- 
servative supporter  of  the 
Union.  He  stood  promi- 
nent in  the  midst  of  such 
able  lawyers  as  Madison 
C.  Johnson,  George  Black- 
burn Kinkead,  Thomas  A. 
Marshall,  and  Aaron   K. 

Woolly,  of  the  Lexington  bar,  and  Samuel  Smith  Nicholas, 
James  Guthrie,  and  James  Speed,  of  the  Louisville  bar. 

The  political  state   of    Kentucky  was  most  interesting 
at  this  time.     The  year  1 864  was  the  year  of  the  presiden- 
tial   election.       Kentucky   held  three  convcn-  Action  of  the 
tions  to  select  delegates  to   the  national  con-  three  parties 
ventions.     The  Unconditional  Union,  or  Radical  conven- 
tion,  was   presided    over    by    Robert   J.    Breckinridge,    a 


George  McClellan 


202 


THE   CIVIL    WAR 


Presbyterian  divine  and  political  speaker,  —  a  strong  con- 
trolling spirit  in  his  party.  This  convention  indorsed  the 
administration  and  voted  for  President  Lincoln's  reelection. 
The  Conservative  Union,  or  Union  Democratic,  convention, 
of  which  James  Guthrie  was  the  leading  spirit,  boldly  an- 
nounced its  opposition  to  Lincoln  and  declared  for  General 
George  B.  McClellan.  The  Democratic,  or  Southern 
Rights,  convention  was  harmonious  with  the  Conserva- 
tive, and  in  favor  of  McClellan. 

President  Lincoln  received  the  nomination  on  the  basis 

of  reestablishment 
of  the  Union  with- 
out slavery ;  Gen- 
eral McClellan,  of 
reestablishment  with 
slavery.  Lincoln 
was  elected  No- 
vember, End  of  the 
1864,  by    t-'^sedy 

an  overwhelming 
majority ;  but  Ken- 
tucky gave  a  ma- 
jority of  over  thirty- 
six  thousand  to 
McClellan.  Peace 
was  at  hand.  The 
State  was  becoming 
relieved  of  her  mil- 
itary oppressors. 
Toward  the  end  of  the  year,  Paine  was  deprived  of  his 
office  in  the  western  district,  and  the  following  February 
General  Burbridge  was  replaced  by  General  Palmer,  to  the 
great  satisfaction  of  the  Kentuckians, 


Ulysses  S.  Grant 


CIVIL   CONFLICTS 


203 


On  April  9,  1865,  the  Confederate  General  Robert  E. 
Lee  surrendered  the  Army  of  Northern  Virginia  to  General 
U.   S.  Grant,   at   Appo-  _  


mattox  Courthouse,  Vir- 
ginia. 

Five  days  later,  Abra- 
ham Lincoln  was  assassi- 
nated at  Ford's  theater, 
in  Washington.  But  he 
had  finished  his  work. 
The  cause  for  which  he 
lost  his  life  was  estab- 
lished. In  December, 
1865,  the  Thirteenth 
Amendment  to  the 
Federal  constitution  — 
which  declared  that  nei- 
ther slavery  nor  involun- 
tary servitude  should 
any  longer  exist  in  the  United  States  —  was  ratified  by 
three  fourths  of  the  States  and  became  a  part  of  the  con- 
stitution.     Kentucky  opposed  the  amendment. 


Robert  E.  Lee 


RECAPITULATION 


Lincoln  departs  from  the  policy  he 
was  elected  under. 

Issues  the  Emancipation  Proclama- 
tion, January  i,  1863. 

Radical  Union  party  of  Kentucky  ap- 
proves his  course. 

Conservative  Union  party  denounces 
it. 

Conservative  Union  party  the  con- 
trolling power. 


Colonels  T.  E.  Bramlette  and  R.  T. 
Jacob,  Conservatives,  elected  gov- 
ernor and  lieutenant  governor,  Au- 
gust, 1863. 

Martial  law  enforced  during  the  elec- 
tion. 

Negro  soldiers  first  recruited  in  the 
State,  January,  1864. 

Jacob  and  Wolford  denounce  the  ad- 
ministration on  this  account. 


204 


THE   CIVIL    WAR 


They  are  arrested  and  banished. 

General  Boyle  resigns  his  office. 

S.  G.  Burbridge,  a  Radical  Union 
man,  appointed  commander  of 
Kentucky  military  department. 

The  beginning  of  harassing  situa- 
tions. 

The  State's  civil  rulers  are  Conserva- 
tive. 

The  military  rulers  are  Radical. 

They  are  in  conflict  until  peace  is  es- 
tablished. 

Munday,  Magruder,  and  Metcalf,  no- 
torious guerrillas. 

Many  crimes  committed  by  them  and 
other  guerrillas. 

Confederate  prisoners  of  war  hung 
in  retaliation. 

General  E.  A.  Paine's  course  in  the 
western  district. 

The  military  attempt  to  control  elec- 
tions. 

Judge  Alvin  Duvall,  a  Southern 
Rights  man,  candidate  for  reelec- 
tion to  court  of  appeals. 

Military  forbid  his  name  to  appear 
on  the  poll  books. 


Efforts  of  the  military  to  elect  the 
Radical  candidate. 

Defeated  by  the  prompt  action  of 
the  Conservatives. 

George  Robertson,  Conservative, 
elected. 

Conservative  Union,  Radical  Union, 
and  Democratic  conventions  held. 

The  Radical  Union  convention  for 
Lincoln. 

Conservatives  and  Democrats  support 
McClellan  for  President. 

President  Lincoln  reelected. 

Kentucky's  large  vote  for  McClellan. 

General  Burbridge  replaced  by  Gen- 
eral Palmer. 

Kentucky  rejoices  over  Palmer's  ap- 
pointment. 

Paine  removed  in  the  western  dis- 
trict. 

Peace  at  hand. 

Lee  surrenders  at  Appomattox  Court- 
house. 

Abraham  Lincoln  assassinated. 

The  Thirteenth  Amendment  passed. 

Slavery  abolished  in  the  United 
States,  December,   1865. 


V— THE  NEW  KENTUCKY,  1865-1896 


CHAPTER   XIX 

THE  RESTORATIOxN   OF   PEACE,    1865-1875 

On  December  18,  1865,  the  Conservative  majority  in  the 
legislature  passed  resolutions  of  general  pardon  to  all 
citizens  who  had  fought  for  the  Confederacy.  Return  of  the 
As  the  Confederate  soldiers  returned  to  their  confederates 
old  places,  the  Conservative  men,  who  still  had  control  of 
the  State,  stretched  forth  their  hands  in  welcome,  with  a 
promise  to  forget  the  differences  which  had  separated 
them  in  past  issues,  in  the  hope  that  the  good  men  of  all 
parties  would  unite  with  them  for  the  restoration  of  peace. 

But  in  this  they  were  disappointed.  The  Confederate 
soldiers  had  just  suffered  defeat.  They  believed  that  the 
support  which  the  Conservative    men    caused   „ 

^ '^  _  _  _  Powerful 

the  State  to  give  to  the  Union  was  an  impor-  Democratic 
tant  factor  in  that  defeat.  Therefore,  they  had 
little  desire  for  party  harmony  with  those  men.  Also,  the 
people  in  general,  who  had  stayed  at  home  and  taken  no 
active  part  in  the  war,  had  suffered  so  much  from  the  mil- 
itary rulers  which  the  Republican  party  had  placed  over 
the  State,  that  they  felt  a  temporary  hostility  towards 
Union  principles.  Even  a  portion  of  the  old  Conservative 
element  went  over  into  the  more  extreme  position  of  the 

205 


2o6 


THE   NEW   KENTUCKY 


Democrats.  Thus,  when  the  Democratic  State  convention 
met  at  Frankfort,  February  22,  1867,  to  select  nominees 
for  the  pending  August  elections,  it  showed  a  large  and 
powerful  body.  At  the  other  extreme  stood  the  Radical, 
or  Republican,  party,  which  had  steadily,  though  slowly, 
increased    in  the  State,  and  at  this  time  received   also  a 

portion  of  the  Con- 
servative force.  This 
party  put  forth  a 
ticket  headed  by  S. 
M.  Barnes  and  R.  T. 
Baker. 

The  men  who  still 
adhered  to  the  Con- 
servative   ^      .  „  ..^ 

Downfall  of  the 
doctrine      conservative 
party 

organ- 

ized  in  Louisville  in 
the  spring  of  1867 
and  nominated  W.  B. 
Kinkead  for  gover- 
nor, Harrison  Taylor 
William  B.  Kinkead  for    licutcnant    govcr- 

nor,  John  M.  Harlan 
for  attorney-general,  J.  S.  Hurt  for  auditor,  Alfred  Allen 
for  treasurer,  J.  J.  Craddock  for  register,  and  B.  M. 
Harn'ey  for  superintendent  of  public  instruction.  They 
had  no  hope  of  carrying  the  election.  Their  purpose  in 
presenting  a  ticket  was  the  opportunity  thereby  gained  of 
making  known  their  principles.  Their  work  was  finished. 
They  soon  dissolved  as  an  organization  and  passed  mainly 
into  the  Democratic  party.  A  few,  however,  went  with 
the  Republicans.     Distinguished  among  these  were  C.  F. 


THE   RESTORATION   OF   PEACE 


207 


Burnam,  John  M.  Harlan,  James  Speed,  and  William 
Henry  Wadsworth,  who  received  high  national  ap- 
pointments. 

The  Democratic  ticket  was  composed  of  John  L.  Helm 
for  governor,  John  W.  Stevenson  for  lieutenant  governor, 
John  Rodman  for  attorney-general,  D.  Howard   Democratic 
Smith  for  auditor,  J.  W.  Tate  for  treasurer,  J.   ^"""ip'i 
A.  Dawson  for  register,  and  Z.  F.  Smith  for  superintend- 
ent of  public  instruction.    The 
Democratic   candidates   were 
elected  by  an  enormous  ma- 
jority, and  the  politics  of  the 
State   was    settled   for  many 
years    to    come.      Until    the 
present    day    this   party   has 
had  almost  undisputed  power. 
Only  Democrats  of  Southern 
sympathies    were    elected    to 
Congress,  with  one  exception. 
Major     George     M.    Adams, 
a    Federal    soldier,   who   had 
now   joined    the    Democratic 
party,    received   the    election 
in  the   8th   district ;    and  for 
some   time   he  alone  was  al- 
lowed to  take  his  seat  in  Congress. 

On  September  3,  1867,  John  L.  Helm  received  the  oath 
of  inauguratijDn  as  governor,  while  lying  dangerously  ill  at 
his  home  in  Elizabethtown.  Five  days  later  johnw. 
he  died,  and  John  W.  Stevenson,  the  lieutenant  Stevenson 
governor,  became  acting  governor  until  the  following 
August,  when  he  was  elected  governor.  Governor  Steven- 
son was  a  man  eminently  fitted  for  the  position  to  which 


William  H.  Wadsworth 


208 


THE   NEW   KENTUCKY 


he  was  called.  He  was  a  lawyer,  and  at  the  Covington 
bar  had  gained  the  reputation  of  exceptional  ability.  By 
this  time  Kentucky  was  in  a  state  of  financial  prosperity 

and  comparative  peace, 
[  ^      though    law  and    order 

were  not  yet  firmly  es- 
tablished. 

One  of  the  causes  of 
the  disturbance  of  the 
peace  was  the  establish- 
ment in  the  State,  in  the 
year  1865,  of  agencies 
of  the  Freedmen's 

Bureau.  In  preedmen's 
March,  1865,  ^"■"^^^ 
Congress  had  passed  an 
act  setting  free  the 
wives  and  children  of 
negro  soldiers.  This 
was  prior  to  the  adop- 
tion of  the  Thirteenth 
Amendment  to  the  Federal  constitution,  which  declared 
that  slavery  should  no  longer  exist  in  the  United  States. 
We  have  seen  that  the  emancipation  act  of- 1863  did  not 
practically  affect  Kentucky,  which  was  a  loyal  State ;  but 
the  agents  of  the  Freedmen's  Bureau  attempted  to  en- 
force-this  law  in  Kentucky.  They  demanded  money  for 
the  services  of  the  wives  and  children  of  negroes  who  had 
been  enlisted  in  the  United  States  army.  The  proceed- 
ing was  deemed  unconstitutional,  and  was  deeply  resented 
by  the  Commonwealth. 

A  number  of  suits  were  brought  for  this  cause  by  the 
Freedmen's  Bureau ;  but  they  were  all  lost,  as  the  court 


John  W.  Stevenson 


THE   RESTORATION   OF    PEACE  209 

of  appeals  sustained  the  lower  courts.  The  first  was 
against  Garrett  Davis,  then  ably  representing  Kentucky  in 
the  United  States  Senate,  —  a  stanch  Union  man  and  a 
large  owner  of  slaves.  The  effect  of  the  Freedmen's 
Bureau  was:  (i)  to  irritate  the  people  against  the  Re- 
publican party,  the  party  in  power  in  the  nation ;  (2)  to 
strengthen  the  Democratic  party  ;  (3)  to  retard  the  ad- 
vancement of  the  negro. 

The  organization  assumed  the  guardianship  of  the  race. 
It  awoke  an  opposition  on  the  part  of  the  slave  to  his 
former  owner,  and  thereby  prevented  the  friendly  rela- 
tions which  to-day  exist  between  the  two  races.  By  1870, 
the  Fourteenth  and  Fifteenth  Amendments  to  the  United 
States  constitution  were  ratified  and  the  rights  of  citizen- 
ship and  suffrage  were  conferred  upon  the  negroes  of  the 
nation. 

Another  cause  of  the  disturbance  of  the  peace  was  the 
terror  created  in  various  counties  of  the  State  —  especially 
Marion,     Boyle,     Lincoln,    and    Mercer  —  by 

-'  ■'     Kuklux 

bands  of  men  at  first  called  Regulators  and 
afterward  Kuklux.  These  men  took  it  upon  themselves 
to  punish  the  offenders  against  the  laws  of  the  State. 
When  a  crime  was  committed,  a  large  number  of  them 
would  go  out  together  in  the  dead  of  night,  thoroughly 
armed,  and  disguised  by  masks,  proceed  to  the  home  of 
the  culprit,  drag  him  out  of  bed,  take  him  to  the  woods, 
and  whip  him  or  inflict  some  other  torture  upon  him. 
The  members  of  the  Kuklux  pretended  that  such  acts 
were  done  by  them  in  order  to  intimidate  evildoers,  and 
thereby  improve  the  moral  condition  of  the  State  ;  but  in 
reality  these  men  made  themselves  criminals  of  the  most 
dangerous  order.  Their  conduct  was  wrong  enough  when 
their  cruelties  fell  upon  the  guilty;  it  was  horrible  when 

KENT.  HIST.  —  14 


2IO  THE  NEW   KENTUCKY 

the    innocent    became    their  victims.     The    Kuklux    were 

suppressed  by  1873,  but  the  lawless  spirit  which  animated 

them  has  not  yet  wholly  died  out  in  Kentucky.     Sometimes, 

particularly  in  the  hill  country,  lynchings  still  occur  —  the 

speedy  executions  of  mob  law. 

Governor  Stevenson,  having  been  elected  to  ths  United 

States  Senate  in  February,  1871,  resigned  the  position  of 

governor,  and  Preston  H.  Leslie,  acting  lieu- 
Negroes  vote       o  ^  y  o 

for  the  first  tenant  governor,  assumed  the  duties  of  the 
ofifice.  The  following  August  he  was  elected 
governor.  His  opponent  was  the  eminent  Republican, 
John  M.  Harlan.  John  G.  Carlisle  was  elected  lieutenant 
governor.  The  Democratic  majority  was  greatly  reduced, 
because  of  the  addition  to  the  Republican  numbers  for  the 
first  time  of  the  negro  vote.  Whereas,  in  the  presidential 
vote  of  1868  the  Democratic  majority  in  the  State  had 
been  seventy-six  thousand,  at  this  time  it  was  scarcely 
more  than  thirty-seven  thousand. 

At  the  close  of  the  war  was  begun  a  much-needed 
reform  in  the  public  school  system  of  the  State.  We 
Educational  have  noticed  that  Kentuckians  had  never 
affairs  been    indifferent    to    education ;    nevertheless, 

the  facilities  for  public  education  had  never  been  of  the 
very  highest.  Old  Transylvania  University  had  now 
passed  away.  Center  College,  chartered  by  the  Presby- 
terians in  1 8 19,  still  existed,  and  retained  somewhat  of 
that  picturesque  interest  which  had  formerly  belonged  to 
it.  Its  distinguished  presidents  were  from  some  of  the 
most  prominent  families  of  the  State,  —  Reverends  Jere- 
miah Chamberlin,  Gideon  Blackburn,  John  C.  Young, 
Lewis  W.  Green,  and  William  L.  Breckinridge.  Other 
denominational  colleges  existed  in  various  parts  of  the 
State,  but  Kentucky  was  beginning  to  realize  that  it  is 


THE   RESTORATION   OF   PEACE  211 

upon  the  public    schools    that   the  educational  life  of    a 
State  depends. 

The  financial  condition  of  the  Commonwealth  at  the 
close  of  the  war  was  good.  In  1873,  there  occurred  a 
financial  panic  which  was  the  greatest  ever  period  of 
known  in  the  history  of  this  nation.  Though  <i"i^^"^^ 
much  individual  loss  was  endured  in  Kentucky,  as  a  Com- 
monwealth she  suffered  less  than  many  of  the  other 
States  of  the  Union. 

A  bill  having  passed  the  legislature  to  establish  a  geo- 
logical survey  in  Kentucky,  in  1873,  Governor  Leslie 
appointed  Nathaniel  Southgate  Shaler,  then  filling  the 
chair  of  Geology  in  Harvard  University,  as  chief  of  the 
corps  of  survey.  Professor  Shaler,  a  Kentuckian,  brought 
into  the  work  an  earnest  enthusiasm,  as  well  as  exceptional 
scholarship.  Vast  sums  of  money  were  expended,  and  the 
wealth  which  lies  hidden  in  the  depths  of  Kentucky  was 
discovered  and  made  known.  The  richness  of  many 
counties,  the  mineral  resources  of  others,  and  the  fineness 
of  the  timber  regions  were  all  pointed  out  as  offering  a 
splendid  opportunity  for  the  investment  of  home  and 
foreign  capital.  But  the  reaction  which  followed  the 
cessation  of  war  had  reduced  the  Kentuckians  to  a  state 
of  temporary  inactivity.  They  were  not  yet  ready  for 
commercial  enterprise. 

RECAPITULATION 


Conservatives  still  in  power. 

Legislature  passes  resolutions  of  par- 
don to  Confederates. 

Return  of  the  Confederate  soldiers. 

Confederates  do  not  desire  party  har- 
mony with  Conservatives. 


The  State  made  more  extreme  through 
suffering  caused  by  the  war. 

A  reaction  against  Conservatism  en- 
sues. 

Large  growth  of  the  Democratic 
party. 


212 


THE    NEW    KENTUCKY 


Lesser  growth  of  the  Republican 
party. 

August  elections  of  1867  approach- 
ing. 

Conservatives  offer  a  ticket  with  no 
hope  of  election. 

They  simply  desire  to  make  known 
their  principles. 

Their  work  at  an  end. 

They  pass  mainly  into  the  Demo- 
cratic party. 

Certain  ones  become  distinguished 
among  the  Republicans. 

Republicans  also  offer  a  ticket. 

Democrats  triumphantly  carry  the 
State. 

Governor  John  L.  Helm  dies  a  few 
days  after  his  inauguration. 

John  W.  Stevenson,  the  lieutenant 
governor,  becomes  acting  gov- 
ernor. 

He  is  elected  to  the  office  the  follow- 
ing August. 

The  Freedmen's  Bureau  causes  an- 
noyance. 


It  retards  the  advancement  of  the 
negro. 

The  Kuklux,  a  low  order  of  secret  out- 
laws, disturb  the  peace. 

Governor  Stevenson  elected  United 
States  senator. 

Preston  H.  Leslie  becomes  acting 
governor. 

He  is  elected  the  following  August. 

John  G.  Carlisle  elected  lieutenant 
governor. 

Negroes  vote  for  the  first  time. 

A  public  school  reform  begun. 

Transylvania  University  no  longer 
exists. 

Center  College,  a  picturesque  institu- 
tion, still  in  existence. 

Its  learned  and  prominent  presidents. 

Public  schools  the  educational  life 
of  a  State. 

Financial  panic  of  1873. 

Professor  Shaler  appointed  State  geol- 
ogist. 

Kentucky's  resources  pointed  out. 

The  State  not  ready  for  enterprise. 


CHAPTER   XX 

THE    ERA    OF   TRANSITION,    1 875-1 896 

The  future  greatness  of  Kentucky  must  largely  depend 
upon  education.  The  reform  in  the  public  instruction  of 
the  State,  begun  after  the  war,  has  been  stead- 

_  "  Public     educa- 

ily  progressing  toward  a  more  elevated  stand-  tion  in  the 
ard.     The  State  has  also  made  provision  for 
higher  education,  and   now   possesses   an    institution,   the 
graduates  of  which  take  rank,  in  post-graduate  honors  and 
degrees,  with  those  of  the  best  colleges  in  the  country. 

The  State  College  of  Kentucky  (Agricultural  and  Me- 
chanical College)  owes  its  origin  to  the  act  of  Congress 
of  1862  donating  public  lands  for  its  endowment.  From 
1865  to  1878  it  was  attached  to  Kentucky  University.  In 
1880  it  was  placed  upon  an  independent  basis,  under  the 
management  of  a  Board  appointed  by  the  State.  It  now 
owns  grounds  and  buildings  valued  at  $350,000,  and  chem- 
ical, biological,  botanical,  physiological,  geological,  and  me- 
chanical engineering  laboratories  valued  at  $75,000.  Its 
income  is  $44,900,  besides  the  proceeds  of  the  half-cent 
tax  levied  by  the  legislature  of  1880.  Its  courses  of  study 
comprise  the  following:  Agriculture,  Mechanical  and  Civil 
Engineering,  three  scientific  courses,  a  course  in  Pedagogy, 
a  classical  course,  and  a  veterinary  course.  There  is  also 
an  academy  attached  to  the  college.  To  James  K.  Patter- 
son, its  learned  and  efficient  president  since  1869,  and  to 

213 


214  ^^^  ^^^'^   KENTUCKY 

the  late  Judge  W.  B.  Kinkead,  long  the  chairman  of  the 
Executive  Board,  is  due  the  provision  which  opens  all  its 
classes  to  young  women,  placing  them  on  an  equal  footing 
with  the  male  students.  Each  county  is  entitled  to  have 
four  students  in  perpetual  succession  in  the  college,  free 
of  tuition,  matriculation,  and  dormitory  fees,  and  four  stu- 
dents in  the  Normal  Department.  All  these  appointments 
must  be  made  from  the  common  schools.  It  is  thus  the 
head  of  the  common  school  system  of  Kentucky. 

We  are  too  near  the  men  who  have  guided  the  affairs 
of  Kentucky  during  the  two  decades  under  consideration 

to  make  any  discrimination  in  regard  to  their 
state  politics  .  _,,  ,  ....  ,  .    , 

services.  i  he  three  administrations  which 
followed  from  1875  to  1887  were  concerned  with  few  mat- 
ters of  definite  importance  for  this  history.  In  1875, 
James  B.  McCreary,  the  Democratic  candidate,  was  elected 
governor,  and  John  C.  Underwood,  lieutenant  governor. 
During  Governor  McCreary's  term  of  office,  two  United 
States  senators  were  chosen,  —  James  B.  Beck,  for  six 
years  from  the  4th  of  March,  1877;  and  General  John 
S.  Williams,  from  1879.  Dr.  Luke  Pryor  Blackburn, 
Democrat,  was  elected  governor  in  1879;  and  James  E. 
Cantrill,  lieutenant  governor.  The  most  notable  event 
in  Governor  Blackburn's  administration  was  his  humane 
effort  to  relieve  the  suffering  in  the  State  penitentiary. 
At  this  time  there  were  nine  hundred  and  sixty-nine  con- 
victs ■  in  a  building  which  contained  but  seven  hundred 
and  eighty  cells.  Of  course  there  were  dirt  and  unneces- 
sary suffering  in  this  miserable  abode,  and  Governor  Black- 
burn pardoned  many  of  the  most  trustworthy  inmates  in 
order  to  make  better  accommodation  for  those  who  had 
to  be  retained. 

J.  Proctor  Knott  and  J.  R.  Hindman,  Democrats,  were 


THE   ERA   OF  TRANSITION 


215 


elected,  respectively,  governor  and  lieutenant  governor  from 
1883  to  1887,  by  a  majority  of  nearly  forty-five  thousand 
votes.  James  B.  Beck  was  returned  to  the  United  States 
Senate,  and  J.  C.  S.  Blackburn  succeeded  John  S.  Williams. 

While  the    Democrats   retained    control    in    State   poli- 
tics, the  party  in  power  in  the  nation  was  the  Republican. 
But  in  1884,  a  change  occurred.     Grover  Cleve-  National 
land  and  Thomas  A.    Hendricks,   Democrats,   ^°^^^^^^ 
were  elected,  respectively,   President  and  Vice  President. 
Much  rejoicing  was  felt  through- 
out the  South  and  in  the  Demo- 
cratic States ;    for  this  was  the 
first  Democratic  administration 
in     twenty-four     years.        Vice 
President  Hendricks  died  short- 
ly after  the  inauguration,  and  on 
the    25th    of    November,    1885, 
John  Sherman,  Republican,  was 
elected     to     preside     over    the 
United  States  Senate,  thus  oc- 
casioning   the   unique   situation 
of  a  President  and  acting  Vice 
President  of  opposite  parties. 

It  is  refreshing  to  turn  for  a  moment  from  the  considera- 
tion of  dry  annals  to  matters  of  a  more  entertaining  nature. 
In  the  year  1884  was  started  in  the  city  of  ^he  Fiison 
Louisville  an  organization  that  has  had  the  '^^^^ 
greatest  influence  in  discovering  and  preserving  the  inter- 
esting facts  in  the  State's  history.  The  Fiison  Club  owes 
its  origin  mainly  to  the  inspiration  of  its  president.  Colonel 
Reuben  T.  Durrett,  whose  knowledge  and  enthusiasm  in 
regard  to  Kentucky  subjects  are  unsurpassed.  The  mem- 
t)ers  of  the  club  reside  in  the  various  counties  of  the  State. 


Grover  Cleveland 


2l6 


THE   NEW   KENTUCKY 


By  them  old  garrets  have  been  searched  for  forgotten 
manuscripts,   old  letters  have  been  brought  to  light,  and 

new  and  important  in- 
formation has  been 
gathered  concerning  the 
character  and  life  of  the 
early  settlers.  The  pub- 
lications of  the  club  are 
invaluable  to  students  of 
Kentucky    history. 

In  the  State  elections 
of  1887,  the  Democratic 
party  continued  in 
power.  General  Simon 
B.  Buckner  and  James 
W.  Bryan  were  elected 
governor  and  lieutenant 
governor.  Three  other 
tickets  were  run, — ■  a  Pro- 
hibition, a  Union  Labor  ticket,  which  received  an  insignifi- 
state  elections  cant  vote,  and  a  Republican  ticket,  headed  by 
of  1887  ^^    o.  Bradley  and  Matthew   O'Doherty.     A 

considerable  increase  in  the  Republican  vote  was  discov- 
ered. The  Democratic  majority  was  somewhat  less  than 
seventeen  thousand.  At  this  time,  also,  a  vote  was  taken 
upon  the  question  of  revising  the  State  constitution,  and  a 
majority  of  ninety-six  thousand  votes  in  favor  of  so  doing 
was  obtained. 

On  the  3d  day  of  May,  1890,  an  act  to  call  a  constitu- 
tional convention  passed  the  legislature,  and  the  second 
Monday  (the  8th  day)  of  September  following 
was  appointed  for  its  assembling.  Important 
changes  were  made  in    the   three    departments    of    State 


Reuben   T.   Durrett 


The  new 
constitution 


THE    ERA   OF   TRANSITION 


217 


government,  —  the  executive,  legislative,  and  judicial. 
Under  the  first  head,  a  conspicuous  alteration  is  that  all 
officers  are  debarred  from 
holding  the  same  office  two 
consecutive  terms.  Under 
the  second  head,  special  leg- 
islation was  abolished  and 
necessary  provisions  in  re- 
gard to  corporations  were 
made.  Under  the  third  head, 
the  superior  court  and  all 
statutory  courts  were  abol- 
ished. An  increase  was  made 
in  the  number  of  judges  of 
the  appellate  court,  — not  less 
than  five  nor  more  than  seven 
being  required,  and  in  the 
number  of  circuit  courts,  one 
being  allowed  for  every  forty  thousand   inhabitants. 

On  the  1st  of  June,  1892,  one  hundred  years  had  passed 
since  the  admission  of  Kentucky  into  the  Union ;  and  the 
people  again  assembled  at  Lexington  to  do  The  centenary 
honor  to  the  State's  nativity.  Here,  in  the  of  Kentucky 
midst  of  almost  unbroken  forests,  was  organized  the  first 
government  of  the  new  Commonwealth.  All  was  changed 
since  then :  much  was  lost ;  much  was  gained.  There 
were  present  this  day  the  old  grandchildren  of  those  who 
had  taken  part  in  the  first  celebration,  by  the  side  of  the 
young  great-grandchildren.  The  former  looked  back  with 
wistful  pride  into  the  past,  with  which  they  were  more 
nearly  connected ;  while  the  latter  looked  eagerly  forward 
to  a  future  brightened  by  reflections  from  the  heroic 
background.       Philadelphia    sent    three    paintings    as    an 


Simon  B.  Buckner 


2l8  THE   NEW   KENTUCKY 

offering  to  the  State.  Speeches  were  made  in  thanks  for 
these  and  also  to  extol,  in  true  Kentucky  fashion,  the  glo- 
ries of  the  past  and  present.  At  Woodland  Park  a  bar- 
becue was  prepared ;  and  under  the  shade  of  ancient  oaks 
and  elms,  burgoo  —  that  mysterious  concoction  which 
Kentuckians  know  how  to  brew — ^was  served  with  the 
finest  of  beef  and  ham  and  Southdown  mutton  which  the 
county  could  offer.  And  thus  another  century  of  promise 
was  ushered  in. 

The  Democratic  party  continued  in  power  in  the  State. 
In  1 89 1,  John  Young  Brown,  of  Henderson  County,  and 
^  ^      ^  Mitchell  Gary  Alford,  of  Fayette,  were  elected 

power  of  the       governor  and  lieutenant  governor.     In  national 

Democrats  ,.   .  ,  ,  ^  . 

politics,  also,  there  was  a  change  of  parties. 
The  following  year,  Grover  Cleveland  was  elected  Pres- 
ident for  the  second  time,  succeeding  Benjamin  Harrison, 
Republican. 

Somewhat  prior  to  this  time,  there  occurred  in  the  nation 
a  frantic  speculation  in  lands.  "  Boom  "  towns  seemed  to 
spring  up  in  a  night.  Hotels  were  built,  manufactories 
were  started,  and  electric  lights  were  introduced.  As  to 
other  necessary  requirements  for  a  city,  they  existed  only 
on  paper.  Nevertheless,  even  the  soberest  were  affected 
by  the  delirium  of  speculation.  In  Kentucky,  vast  sums 
were  sunk  in  unsubstantial  investments.  As  a  result  of  this 
general  desire  for  rapidly  gained  fortunes,  and  on  account  of 
certain  national  political  conditions,  a  desolating  panic  swept 
the  country.  Consequently,  the  thoughts  of  the  people  were 
much  occupied  with  the  consideration  of  financial  matters. 

The  Democratic  State  convention  met  in  Louisville, 
June  25,  1895,  for  the  purpose  of  nominating  the  various 
State  officers  for  the  election  which  was  to  be  held  the 
following  November.       Some  time  previous  to  the  assern- 


THE   ERA   OF  TRANSITION 


219 


bling  of  this  convention,  the  monetary  question  had  been 
brought  into  the  canvass.      P.  W.  Hardin,  one  of  the  as- 
pirants for  the  governorship,  boldly  announced   The  currency 
himself  an  advocate  of  the  free  and  unlimited  <i"^sti°° 
coinage  of  silver,  independent  of  the  action  of  any  other 
country.     Cassius  INI.  Clay,  Jr.,  his  opponent,  waived  the 
discussion,    maintaining 
that  the  introduction  of 
the  money  question  into 
a  race  for  State  officials 
was   ill   advised,    this 
not    being    a    pertinent 
issue.     The  canvass  be- 
tween Hardin  and  Clay 
excited   deep    interest 
in  the  rank  and   file  of 
the    Democratic     party, 
since    an    issue    new  to 
State    politics    was 
vigorously    pressed    be- 
fore the  public  attention. 
The  national  administra- 
tion had  been  outspoken 
in  its  opposition   to  the 
free    coinage    of    silver, 

and  the  secretary  of  the  treasury,  John  G.  Carlisle,  of  Ken- 
tucky, now  made  three  speeches  in  the  State,  upholding 
the  gold  standard,  and  assailing  with  all  his  eminent 
ability  the  doctrine  of  free  silver. 

When  the  convention  met,  Hardin  was  nominated  for 
governor,  partly  because  of  his  position  on  the  silver 
question,  and  partly  because  of  his  magnetic  personality. 
But  it  was  evident  that  the  convention  was  not  in  the 


John  G.  Carlisle 


220  THE  NEW   KENTUCKY 

humor  to  adopt  a  platform  advocating  the  free  and  un- 
limited coinage  of  silver;  so  it  ratified  the  Chicago  plat- 
Action  of  the      ^^^"^    °f    1892,    and    indorsed    the    policy    of 

Democratic  Cleveland  and  Carlisle.  The  Chicago  plat- 
convention  ^  -  .        ,  i=>      r 

form  of    1892   was    for   bmietallism,   and   the 

policy  of  Cleveland  and  Carlisle  was  unreservedly  for 
the  single  gold  standard.  Hardin  accepted  the  nomina- 
tion on  this  platform. 

William  O.  Bradley  was  nominated  by  the  Republican 
party  for  governor,  in  their  convention  held  in  Louisville 
The  Republican  ]^^^^  S>  1 895.  A  joint  debate  was  arranged 
victory  between  the  Republican  and  Democratic  can- 

didates for  governor,  and  Louisville  was  selected  as  the 
place  for  the  opening  speeches.  Bradley  advocated  the 
single  gold  standard.  Hardin  still  maintained  his  position 
on  the  side  of  silver.  They  had  made  but  few  speeches 
when  Bradley,  considering  that  he  had  been  disturbed  at 
one  of  the  meetings,  declined  to  debate  further.  Therefore, 
they  went  separately  during  the  remaining  canvass.  When 
the  election  came  off,  the  Republicans  carried  the  day  with 
their  entire  ticket,  and  Kentucky  had  her  first  Republican 
governor.  There  were  357,057  votes  cast  in  the  State. 
Bradley  received  a  plurality  over  Hardin  of  §912. 

Two  other  tickets  were  run  at  this  time,  —  a  Populist 
ticket,  headed  by  Thomas  S.  Pettit,  and  a  Prohibition 
other  parties  ticket,  headed  by  T.  B.  Demaree.  The  Popu- 
in  the  state  jjg^  party  had  existed  in  Kentucky  for  about 
five  years.  The  currency  problem  was  an  important 
plank  in  their  platform.  They  strongly  approved  the  free 
and  unlimited  coinage  of  silver.  Their  forces  were  drawn 
about  equally  from  each  of  the  older  parties.  The  Pro- 
hibition candidate  received  only  4186  votes.  However, 
this    meager    number   must   not   be  understood    to   imply 


THE    ERA    OP^   TRANSITION  221 

that  Kentucky  is  indifferent  to  the  mighty  temperance 
movement  which  has  claimed  the  attention  of  the  world. 
The  opinion  of  the  State  seems  to  tend  rather  toward 
local  option  as  a  means  of  reform  in  this  line.  Of  the 
one  hundred  and  nineteen  counties  in  the  State,  there 
are  now  more  than  thirty  where  saloons  and  bars  are  pro- 
hibited, and  where  liquor  is  sold  solely  for  medicinal  pur- 
poses. This  list  includes  some  of  the  most  influential 
counties. 

In  accordance  with  a  section  of  the  revised  State  consti- 
tution of  1890,  which  provides  that  the  election  of  school 
trustees  and  other  common  school  district  elec-  women  at  the 
tions  shall  be  regulated  by  the  General  As-  p°^^^ 
sembly,  that  Assembly  passed  an  act  giving  school  suffrage 
to  women  in  cities  of  the  second  class ;  that  is,  cities  with 
a  population  of  twenty  thousand  or  more,  and  less  than 
one  hundred  thousand.  To  this  class  belong  Lexington, 
Covington,  and  Newport ;  and  certain  women  of  each  place 
met  and  nominated  a  Board  of  Education  ticket  for  the 
November  election  of  1895.  Only  the  Lexington  ticket  was 
successful.  It  was  independent  of  politics,  and  received 
the  votes  of  Republicans  and  also  of  Democrats,  although 
a  Democratic  School  Board  ticket  was  opposed  to  it.  It 
consisted  of  sixteen  members,  four  of  them  being  women. 

About  one  thousand  white  women  and  a  somewhat 
larger  number  of  negroes  registered  for  the  purpose  of 
exercising  their  newly  acquired  privilege  of  suffrage.  But 
many  of  the  white  women  who  registered  did  not  vote, 
because  it  was  decided  by  the  county  judge  that  men  and 
women  must  vote  in  the  same  booths.  Women  were  the 
election  officers  of  these  booths,  and  many  incidents  were 
recorded  by  them  of  the  inborn  gallantry  of  the  Kentucky 
man. 


222  THE   NEW   KENTUCKY 

The  legislature  of  1895-96  was  more  turbulent  than  any 
that  had  existed  since  the  time  of  the  Civil  War.  The 
Legislature  of  Assembly  was  composed  of  an  even  number  of 
1895-96  Republicans  and  Democrats,  with  two  Populist 

members.  The  matter  especially  under  consideration  was 
the  election  of  a  United  States  senator.  J.  C.  S.  Black- 
burn was  selected  as  the  Democratic  caucus  nominee  for 
reelection.  Eleven  Democrats,  however,  who  were  in 
favor  of  the  gold  standard,  refused  to  go  into  the  caucus. 
W.  Godfrey  Hunter  of  Cumberland  County,  then  a  repre- 
sentative in  the  Federal  Congress,  was  the  Republican 
caucus  nominee. 

The  complication  which  arose  was  due  to  the  split  in 
the  Democratic  force  on  account  of  the  currency  question. 
^  ,.  .  Blackburn   was    the    champion    of  the    policy 

Split  in  the  ,  ^  ... 

Democratic  which  advocatcd  the  free  and  unlimited  coin- 
age of  silver.  As  has  already  been  noted,  the 
State  had  recently  declared  in  favor  of  the  single  gold 
standard.  But  such  was  Blackburn's  strength  that  he  not 
only  held  his  original  supporters,  but,  after  he  became  the 
accepted  nominee  of  his  party,  received  the  votes  of  others 
who  had  been  opposed  to  his  political  doctrines.  Hunter 
withdrew  his  name,  and  St.  John  Boyle  was  put  forward 
by  the  Republicans. 

The  effort  of  each  side  to  hold  its  own  against  the  other 
created  extreme  excitement.  Finally,  the  governor  saw  fit 
Excitement  at  ^o  Call  out  the  State  militia.  On  the  i6th  of 
the  capital  March,  1896,  for  the  first  time  in  thirty  years, 
the  capitol  was  guarded  by  soldiers.  This  action  of  Gov- 
ernor Bradley's  was  sustained  by  the  Republicans  and 
denounced  by  the  Democrats.  The  day  following,  the 
legislature  adjourned,  without  having  effected  an  election. 

The    Republican    State    convention    met    at    Louisville, 


THE   ERA   OF  TRANSITION  223 

April  15.     The  name  of  Governor  William  O.  Bradley  was 
before  the  convention  as  a  candidate  for  Presi- 

r      ,        TT    •       1    <-  T  1  •     The  Republican 

dent  01  the  United  btates.  It  was  then  evi-  state 
dent  that  William  McKinley  of  Ohio  would  be 
the  national  Republican  nominee.  The  State  convention 
passed  resolutions  instructing  for  Bradley  for  the  presi- 
dency, with  the  proviso  that,  if  Bradley's  name  should  be 
withdrawn,  the  delegates  were  to  vote  for  McKinley  as 
long  as  his  name  was  before  the  national  convention.  The 
convention  declared  emphatically  in  favor  of  the  gold 
standard,  and  against  free  silver  coinage. 

One  of  the  most  curious  occurrences  in  the  history  of 
Kentucky  was  the  action  of  the  Democratic  State  conven- 
tion of   i8q6,  whereby  the  policy  indorsed  by 

^  ,     -'  ^  ■'  ■'     The  Democratic 

the  State  convention  of  1895  was  entirely  state 
repudiated.  By  this  time,  a  wave  of  sentiment 
in  favor  of  free  silver  coinage  had  swept  over  the  Demo- 
cratic party  of  Kentucky.  The  convention  met  at  Lex- 
ington, June  3,  and  enthusiastically  adopted  resolutions 
advocating  the  free  and  unlimited  coinage  of  both  gold 
and  silver  in  the  ratio  of  16  to  i,  as  standard  money,  with 
equal  legal  tender  power,  independent  of  the  advice  of 
any  other  country  ;  and  it  instructed  the  delegates  to  the 
national  convention  to  cast  the  vote  of  the  State  of  Ken- 
tucky as  a  unit  for  J.  C.  S.  Blackburn  for  President,  and 
to  use  all  honorable  means  to  secure  his  nomination. 

From  the  foregoing  relation  may  be  gained  some  idea 
of  the  events  occurring  in  the  State  at  the  present  time. 
But  an  account  of  the  new  Kentucky  must  be 

-^  The  old  Ken- 

mainly  a  matter  of  prophecy.     The  old  order   tucky  a  pledge 

r    .  1  •  1  T  ^1  1         for  the  new 

of  things    has    passed    away ;    the    new  order 

has  not  yet  been  fully  developed.     Kentucky's  past  use- 
fulness has  been  clearly  demonstrated,  but  her  possibilities 


224 


THE  NEW   KENTUCKY 


for  future  greatness  can  only  be  pointed  out  and  antici- 
pated. The  physical  and  personal  vigor  which  the  pioneers 
possessed ;  the  training  which  the  founders  of  the  Com- 
monwealth received  from  exercising  self-control  when 
tempted  to  act  rashly,  produced  a  line  of  dauntless  soldiers 
and  forcible  orators.  Wars,  let  us  hope,  are  ceasing.  The 
uses  of  oratory  are  rapidly  diminishing ;  but  the  courage 
and  the  power  of  brain  and  emotion  still  exist,  to  be  ex- 
pressed through  other  channels.  From  the  boys  and  girls 
who  study  this  history  to-day  may  be  raised  up  new  soldiers 
—  spiritual  warriors  to  aid  in  purifying  the  political  life 
of  the  State  and  nation,  or  to  conquer  the  evil  in  the  land 
by  the  might  of  their  own  high  faith  in  goodness.  And 
from  what  has  already  been  done  on  literary  lines,  we  may 
hope  that  the  orator  will  only  give  place  to  the  author  who 
will  sing  of  the  border  wars  and  the  deeds  of  valor  and 
strength  in  his  State's  romantic  history,  or  describe  the 
deep  and  vital  feelings  of  the  men  and  women  of  the  old 
and  new  Kentucky. 

RECAPITULATION 


The  State  College,  the  head  of  the 
common  schools. 

James  B.  McCreary,  Democratic  gov- 
ernor. 

James  B.  Beck  and  John  S.  Williams, 
United  States  senators. 

Luke"  Pryor  Blackburn,  Democratic 
governor. 

Attempt  to  mitigate  suffering  in  the 
penitentiary. 

J.  Proctor  Knott,  Democratic  gov- 
ernor. 

J.  C.  S.  Blackburn  succeeds  John  S. 
Williams. 


Democrats  come  into  power  in  the 
nation. 

Grover  Cleveland 'elected  President. 

The  Filson  Club  organized  in  1884. 

Colonel  R.  T.  Durrett  its  presi- 
dent. 

Invaluable  publications  of  the  club. 

.Simon  B.  Buckner,  Democratic  gov- 
ernor. 

An  increase  in  the  Republican  vote. 

Question  of  revising  the  constitution 
voted  upon. 

The  majority  in  favor  of  revision. 

The  constitutional  convention. 


THE   ERA   OF   TRANSITION 


225 


Changes  made  under  each  head  of 
government. 

The  centenary  of  Kentucky. 

The  new  Democratic  State  adminis- 
tration. 

Grover  Cleveland  again  President. 

The  beginning  of  a  financial  panic. 

Wild  speculation  in  lands. 

The  currency  question. 

It  becomes  a  State  political  issue. 

P.  W.  Hardin  and  C.  M.  Clay  Dem- 
'  ocratic  aspirants  for  governor. 

Hardin  an  avowed  free  silver  advo- 
cate. 

The  national  administration  against 
free  silver. 

John  G.  Carlisle  upholds  the  gold 
standard. 

Makes  three  strong  speeches  in  the 
State. 

The  Democratic  State  convention 
meets. 

P.  W.  Hardin  is  nominated. 

The  convention  indorses  the  policy 
of  Cleveland  and  Carlisle. 

Ratifies  the  Chicago  platform  of  1892. 

Republican  State  convention  meets. 

Nominates  William  O.  Bradley. 

Bradley  advocates  the  single  gold 
standard. 

The  Republicans  elect  their  entire 
ticket. 

Other  parties  in  the  State. 

The  Populist  party. 

The  Prohibition  party. 

Kentucky  in  favor  of  local  option. 

School  suffrage  granted  to  women  in 

KENT.  HIST.  —  15 


Lexington,  Covington,  and  New- 
port. 

The  Women's  Board  of  Education 
ticket. 

Elected  in  Lexington. 

Legislature  of  1895-96  composed  of 
an  even  number  of  Republicans 
and  Democrats. 

Also  two  Populist  members. 

United  States  senators  to  be  elected. 

Democrats  divided  on  the  currency 
question. 

J.  C.  S.  Blackburn,  Democratic  cau- 
cus nominee. 

W.  Godfrey  Hunter.  Republican  cau- 
cus nominee. 

Blackburn  the  champion  of  free  silver 
coinage. 

Blackburn  gains  some  of  the  gold 
standard  advocates. 

Hunter  withdraws  from  the  contest. 

St.  John  Boyle  is  put  forward  by  Re- 
publicans. 

Great  excitement  at  the  capital. 

The  State  militia  is  ordered  out  by 
the  governor. 

The  Republican  State  convention 
advocates  the  single  gold  standard. 

Instructs  first  for  William  O.  Bradley 
for  President  of  the  United  States; 
but  if  Bradley's  name  should  be 
withdrawn,  for  McKinley. 

Democratic  State  convention  advo- 
cates free  silver  coinage. 

Instructs  for  J.  C.  S.  Blackburn  for 
President  of  the  United  States. 

The  new  Kentucky. 


CONSTITUTION    OF     THE     COMMONWEALTH 
OF    KENTUCKY. 

Preamble, 

We,  the  people  of  the  Commonwealth  of  Kentucky,  grateful  to 
Ahnighty  God  for  the  civil,  political,  and  religious  liberties  we  enjoy, 
and  invoking  the  continuance  of  these  blessings,  do  ordain  and  estab- 
lish this  Constitution. 

Bill  of  Rights. 

That  the  great  and  essential  principles  of  liberty  and  free  govern- 
ment may  be  recognized  and  established,  we  declare  that  : — 

Section  i.  All  men  are  by  nature  free  and  equal,  and  have  certain 
inherent  and  inalienable  rights,  among  which  may  be  reckoned — 

1.  The  right  of  enjoying  and  defending  their  lives  and  liberties. 

2.  The  right  of  worshiping  Almighty  God  according  to  the  dic- 
tates of  their  consciences. 

3.  The  right  of  seeking  and  pursuing  their  safety  and  happiness. 

4.  The  right  of  freely  communicating  their  thoughts  and  opinions. 

5.  The  right  of  acquiring  and  protecting  property. 

6.  The  right  of  assembling  together  in  a  peaceable  manner  for  their 
common  good,  and  of  applying  to  those  invested  with  the  power  of 
government  for  redress  of  grievances  or  other  proper  purposes,  by 
petition,  address,  or  remonstrance. 

7.  The  right  to  bear  arms  in  defense  of  themselves  and  of  the  State, 
subject  to  the  power  of  the  General  Assembly  to  enact  laws  to  prevent 
persons  from  carrying  concealed  weapons. 

Sec.  2.  Absolute  and  arbitrary  power  over  the  lives,  liberty,  and 
property  of  freemen  exists  nowhere  in  a  republic,  not  even  in  the 
largest  majority. 

Sec.  3.  All  men,  when  they  form  a  social  compact,  are  equal ;  and 
no  grant  of  exclusive,  separate  public  emoluments  or  privileges  shall 
be  made  to  any  man  or  set  of  men,  except  in  consideration  of  public 
services  ;  but  no  property  shall  be  exempt  from  taxation  except  as 
provided  in  this  Constitution  ;  and  every  grant  of  a  franchise,  privi- 
lege, or  exemption,  shall  remain  subject  to  revocation,  alteration,  or 
amendment. 

Sec.  4.  All  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority,  and  instituted  for  their  peace, 

227 


228  CONSTITUTION   OF   KENiUCKY 

safety,  happiness,  and  the  protection  of  property.  For  the  advance- 
ment of  these  ends,  they  have  at  all  times  an  inalienable  and  indefeasi- 
ble right  to  alter,  reform,  or  abolish  their  government  in  such  manner 
as  they  may  deem  proper. 

Sec.  5.  No  preference  shall  ever  be  given  by  law  to  any  religious 
sect,  society,  or  denomination  ;  nor  to  any  particular  creed,  mode  of 
worship,  or  system  of  ecclesiastical  polity  ;  nor  shall  any  person  be 
compelled  to  attend  any  place  of  worship,  to  contribute  to  the  erection 
or  maintenance  of  any  such  place,  or  to  the  salary  or  support  of  any 
minister  of  religion;  nor  shall  any  man  be  compelled  to  send  his  child 
to  any  school  to  which  he  may  be  conscientiously  opposed  ;  and  the 
civil  rights,  privileges,  or  capacities  of  no  person  shall  be  taken  away, 
or  in  any  wise  diminished  or  enlarged,  on  account  of  his  belief  or  dis- 
belief of  any  religious  tenet,  dogma,  or  teaching.  No  human  author- 
ity shall,  in  any  case  whatever,  control  or  interfere  with  the  rights  of 
conscience. 

Sec.  6.  All  elections  shall  be  free  and  equal. 

Sec.  7.  The  ancient  mode  of  trial  by  jury  shall  be  held  sacred,  and 
the  right  thereof  remain  inviolate,  subject  to  such  modifications  as 
may  be  authorized  by  this  Constitution. 

Sec.  8.  Printing  presses  shall  be  free  to  every  person  who  under- 
takes to  examine  the  proceedings  of  the  General  Assembly  or  any 
branch  of  government,  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof.  Every  person  may  freely  and  fully  speak,  write,  and 
print  on  any  subject,  being  responsible  for  the  abuse  of  that  liberty. 

Sec.  g.  In  prosecutions  for  the  publication  of  papers  investigating 
the  official  conduct  of  officers  or  men  in  a  public  capacity,  or  where 
the  matter  published  is  proper  for  public  information,  the  truth  there- 
of may  be  given  in  evidence;  and  in  all  indictments  for  libel  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts,  under  the 
direction  of  the  court,  as  in  other  cases. 

Sec.  10.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions,  from  unreasonable  search  and  seizure;  and  no  war- 
rant shall  issue  to  search  any  place,  or  seize  any  person  or  thing,  with- 
out describing  them  as  nearly  as  may  be,  nor  without  probable  cause 
supported  by  oath  or  affirmation. 

Sec.  II.  In  all  criminal  prosecutions  the  accused  has  the  right  to  be 
heard  by  himself  and  counsel ;  to  demand  the  nature  and  cause  of  the 
accusation  against  him  ;  to  meet  the  witnesses  face  to  face,  and  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor.  He 
cannot  be  compelled  to  give  evidence  against  himself,  nor  can  he  be 
rleprived  of  his  life,  liberty,  or  property,  unless  by  the  judgment  of 
his  peers  or  the  law  of  the  land  ;  and  in  prosecutions  by  indictment 
or  information,  he  shall  have  a  speedy  public  trial  by  an  impartial  jury 
of  the  vicinage  ;  but  the  General  Assembly  may  provide  by  a  general 
law  for  a  change  of  venue  in  such  prosecutions  for  both  the  defendant 
and  the  Commonwealth,  the  change  to  be  made  to  the  most  convenient 
county  in  which  a  fair  trial  can  be  obtained. 

Sec.  12.  No  person,  for  an  indictable  offense,  shall  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  iu  the  land 


CONSTITUTION  OF  KENTUCKY  229 

or  naval  forces,  or  in  the  militia,  when  in  actual  service  in  time  of  war 
or  [)ii!)lic  danger,  or  by  leave  of  court  for  oppression  or  misdemeanor 
in  office. 

Sec.  13.  No  person  shall,  for  the  same  offense,  be  twice  put  in  jeop- 
ardy of  his  life  or  limb,  nor  shall  any  man's  property  be  taken  or 
applied  to  public  use  without  the  consent  of  his  representatives,  and 
without  just  conipensatio7i  being  previously  made  to  him. 

Sec.  14.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  right  and  justice  administered  without  sale, 
denial,  or  delay. 

Sec.  15.  No  power  to  suspend  laws  shall  be  exercised,  unless  by 
the  General  Assembly  or  its  authority. 

Sec.  16.  All  prisoners  shall  be  bailable  by  sufficient  securities,  un- 
less for  capital  offenses,  when  the  proof  is  evident  or  the  presumption 
great  ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require  it. 

Sec.  17.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
im.posed,  nor  cruel  punishment  inflicted. 

Sec.  18.  The  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  19.  No  ex  post  facto  law,  nor  any  law  impairing  the  obligation 
of  contracts,  shall  be  enacted. 

Sec.  20.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
General  Assembly,  and  no  attainder  shall  work  corrujition  of  blood, 
nor,  except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the 
Commonwealth. 

Sec.  21.  The  estate  of  such  persons  as  shall  destroy  their  own  lives 
shall  descend  or  vest  as  in  cases  of  natural  death  ;  and  if  any  person 
shall  be  killed  by  casualty,  there  shall  be  no  forfeiture  by  reason 
thereof. 

Sec.  22.  No  standing  army  shall,  in  time  of  peace,  be  maintained 
without  the  consent  of  the  General  Assembly  ;  and  the  military  shall, 
in  all  cases  and  at  all  times,  be  in  strict  subordination  to  the  civil 
power  ;  nor  shall  any  soldier,  in  time  of  peace,  be  quartered  in  any 
fiouse  without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in 
a  manner  prescribed  by  law. 

Sec.  23.  The  General  Assembly  shall  not  grant  any  title  of  nobility 
or  hereditary  distinction,  nor  create  any  office  the  appointment  of 
which  shall  be  for  a  longer  time  than  a  term  of  years. 

Sec.  24.   Emigration  from  the  State  shall  not  be  prohibited. 

Sec.  25.  Slavery  and  involuntary  servitude  in  this  State  are  forbid- 
den, except  as  a  punishment  for  crime  whereof  the  party  shall  have 
been  duly  convicted. 

Sec.  26.  To  guard  against  transgression  of  the  high  powers  which 
we  have  delegated,  we  declare  that  everything  in  this  Bill  of  Rights  is 
excepted  out  of  the  general  powers  of  government,  and  shall  forever 


230  CONSTITUTION   OF  KENTUCKY 

remain  inviolate  ;   and  all  laws  contrary  thereto,  or  contrary  to  this 
Constitution,  shall  be  void. 

Distribution  of  the  Powers  of  Government. 

Sec.  27.  The  powers  of  the  government  of  the  Commonwealth  of 
Kentucky  shall  be  divided  into  three  distinct  departments,  and  each 
of  them  be  confined  to  a  separate  body  of  magistracy  :  to  wit,  those 
which  are  legislative,  to  one  ;  those  which  are  executive,  to  another  ; 
and  those  which  are  judicial,  to  another. 

Sec.  28.  No  person,  or  collection  of  persons,  being  of  one  of  those 
departments,  shall  exercise  any  power  properly  belonging  to  either  of 
the  others,  except  in  the  instances  hereinafter  expressly  directed  or 
permitted. 

Legislative  Department. 

Sec.  29.  The  legislative  power  shall  be  vested  in  a  House  of  Repre- 
sentatives and  a  Senate,  which  together  shall  be  styled  the  "  General 
Assembly  of  the  Commonwealth  of  Kentucky."' 

Sec.  30.  Members  of  the  House  of  Representatives  and  senators 
elected  at  the  August  election  in  one  thousand  eight  hundred  and 
ninety-one,  and  senators  then  holding  over,  shall  continue  in  office 
until  and  including  the  last  day  of  December,  one  thousand  eight 
hundred  and  ninety-three.  Thereafter  the  term  of  office  of  representa- 
tives and  senators  shall  begin  upon  the  first  day  of  January  of  the 
year  succeeding  their  election. 

Sec.  31.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  ninety-three  one  senator  shall  be  elected  in  each  sena- 
torial district,  and  one  representative  in  each  representative  district. 
The  senators  then  elected  shall  hold  their  offices,  one-half  for  two 
years  and  one-half  for  four  years,  as  shall  be  determined  by  lot  at  the 
first  session  of  the  General  Assembly  after  their  election,  and  the 
representatives  shall  hold  their  offices  for  two  years.  Every  two  years 
thereafter  there  sliall  be  elected  for  four  years  one  .senator  in  each 
senatorial  district  in  which  the  term  of  his  predecessor  in  office  will 
then  expire,  and  in  every  representative  di.strict  one  representative  for 
two  years. 

Sec.  32.  No  person  shall  be  a  representative  who,  at  the  time  of 
his  election,  is  not  a  citizen  of  Kentucky,  has  not  attained  the  age  of 
twenty-four  years,  and  who  has  not  resided  in  this  State  two  years 
next  preceding  his  election,  and  the  last  year  thereof  in  the  county, 
town,  or  city  for  which  he  may  be  chosen.  No  person  shall  be  a  sen- 
ator who,  at  the  time  of  his  election,  is  not  a  citizen  of  Kentucky, 
has  not  attained  the  age  of  thirty  years,  and  has  not  resided  in  this 
Stale  six  years  next  preceding  his  election,  and  the  last  year  thereof 
in  the  district  for  which  he  may  be  chosen. 

Sec.  33.  The  first  General  Assembly  after  the  adoption  of  this  Con- 
stitution shall  divide  the  State  into  thirty-eight  senatorial  districts, 
and  one  hundred  representative  districts,  as  nearly  equal   in  popula- 


CONSTITUTION   OF   KENTUCKY  23 1 

tion  as  may  be  without  dividing  any  county,  except  where  a  county 
may  include  more  than  one  district,  which  districts  shall  constitute  the 
senatorial  and  representative  districts  for  ten  years.  Not  more  than 
two  counties  shall  be  joined  together  to  form  a  representative  dis- 
trict :  provided,  in  doing  so,  the  principle  requiring  every  district  to 
be  as  nearly  equal  in  population  as  may  be  shall  not  be  violated.  At 
the  expiration  of  that  time,  the  General  Assembly  shall  then,  and 
every  ten  years  thereafter,  redistrict  the  State  according  to  this  rule, 
and  for  the  purposes  expressed  in  this  section.  If,  in  making  said 
districts,  inequality  of  population  should  be  unavoidable,  any  advan- 
tage resulting  therefrom  shall  be  given  to  districts  having  the  largest 
territory.  No  part  of  a  county  siiall  be  added  to  another  county  to 
make  a  district,  and  the  counties  forming  a  district  shall  be  con- 
tiguous. 

Sec.  34.  The  House  of  Representatives  shall  choose  its  speaker 
and  other  officers,  and  the  Senate  shall  have  power  to  choose  its 
officers,  biennially. 

Sec.  35.  The  number  of  representatives  shall  be  one  hundred,  and 
the  number  of  senators  thirty-eight. 

Sec.  36.  The  first  General  Assembly,  the  members  of  which  shall 
be  elected  under  this  Constitution,  shall  meet  on  the  first  Tuesday 
after  the  first  Monday  in  January,  eighteen  hundred  and  ninety-four, 
and  thereafter  the  General  Assembly  shall  meet  on  the  same  day 
every  second  year,  and  its  sessions  shall  be  held  at  the  seat  of  gov- 
ernment, except  in  case  of  war,  insurrection,  or  pestilence,  when  it 
may,  by  proclamation  of  the  governor,  assemble,  for  the  time  being, 
elsewhere. 

Sec.  37.  Not  less  than  a  majority  of  the  members  of  each  House 
of  the  General  Assembly  shall  constitute  a  quorum  to  do  business  ; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  shall  be 
authorized  by  law  to  compel  the  attendance  of  absent  members  in 
such  manner  and  under  such  penalties  as  may  be  prescribed  by  law. 

Sec.  38.  Each  House  of  the  General  Assembly  shall  judge  of  the 
qualifications,  elections,  and  returns  of  its  members,  but  a  contested 
election  shall  be  determined  in  such  manner  as  shall  be  directed  by 
law. 

Sec.  39.  Each  House  of  the  General  Assembly  may  determine  the 
rules  of  its  proceedings,  punish  a  member  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a  member,  but  not  a 
second  time  for  the  same  cause,  and  may  punish  for  contempt  any 
person  who  refuses  to  attend  as  a  witness,  or  to  bring  any  paper 
proper  to  be  used  as  evidence  before  the  General  Assembly  or  either 
House  thereof,  or  a  committee  of  either,  or  to  testify  concerning  any 
matter  which  may  be  a  proper  subject  of  inquiry  by  the  General 
Assembly,  or  oifers  or  gives  a  bribe  to  a  member  of  the  General 
Assembly,  or  attempts  by  other  corrupt  means  or  device  to  control  or 
influence  a  member  to  cast  his  vote  or  withhold  the  same.  The  pun- 
ishment and  mode  of  proceeding  for  contempt  in  such  cases  shall  be 
prescribed  by  law,  but  the  term  of  imprisonment  in  any  such  case 
shall  not  extend  beyond  the  session  of  the  General  Assembly. 


232  CONSTITUTION   OF   KENTUCKY 

Sec.  40.  Each  House  of  the  General  Assembly  shall  keep  and 
publish  daily  a  journal  of  its  proceedings;  and  the  yeas  and  nays  of 
the  members  on  any  question  shall,  at  the  desire  of  any  two  of  the 
members  elected,  be  entered  on  the  journal. 

vSkc.  41.  Neither  House,  during  the  session  of  the  General  Assem- 
bly, shall,  without  the  consent  of  the  other,  adjourn  for  more  than 
three  days,  nor  to  any  other  place  than  that  in  which  it  may  be  sitting. 

Sec.  42.  The  members  of  the  General  Assembly  shall  severally 
receive  from  the  State  treasury  compensation  for  their  services,  which 
shall  be  five  dollars  a  day  during  their  attendance  on,  and  fifteen 
cents  per  mile  for  the  necessary  travel  in  going  to  and  leturning  from, 
the  sessions  of  their  respective  Houses  :  proinded  the  same  may  be 
changed  by  law  ;  but  no  change  shall  take  effect  during  the  session  at 
which  it  is  made  ;  nor  shall  a  session  of  the  General  Assembly  con- 
tinue beyond  sixty  legislative  days,  exclusive  of  Sundays  and  legal 
holidays  ;  b6t  this  limitation  as  to  length  of  session  shall  not  apply  to 
the  first  session  held  under  this  Constitution,  nor  to  the  Senate  when 
sitting  as  a  court  of  impeachment.  A  legislative  day  shall  be  con- 
strued to  mean  a  calendar  day. 

Sec.  43.  The  members  of  the  General  Assembly  shall,  in  all  cases 
except  treason,  felony,  breach  or  surety  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  on  the  sessions  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same  ;  and  for  any 
speech  or  debate  in  either  House  they  shall  not  be  questioned  in  any 
other  place. 

Sec.  44.  No  senator  or  representative  shall,  during  the  term  for 
which  he  was  elected,  nor  for  one  year  thereafter,  be  appointed  or 
elected  to  any  civil. office  of  profit  in  this  Commonwealth,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  during  the  said  term,  except  to  such  offices  as  may  be  filled 
by  the  election  of  the  people. 

Sec.  45.  No  person  who  may  have  been  a  collector  of  taxes  or 
public  moneys  for  the  Commonwealth,  or  for  any  county,  city,  town, 
or  district,  or  the  assistant  or  deputy  of  such  collector,  shall  be 
eligible  to  the  General  Assembly,  unless  he  shall  have  obtained  a 
quietus  six  months  before  the  election  for  the  amount  of  such 
collection,  and  for  all  public  moneys  for  which  he  may  have  been 
responsible. 

Sec.  46.  No  bill  shall  be  considered  for  final  passage,  unless  the 
same  has  been  reported  by  a  committee,  and  printed  fcr  the  use  of 
the  members.  Every  bill  shall  be  read  at  length  on  three  different 
days  in  each  House,  but  the  second  and  third  readings  may  be  dis- 
pensed with  by  a  majority  of  all  the  members  elected  to  the  House  in 
which  the  bill  is  pending.  But  whenever  a  committee  refuses  or  fails 
to  report  a  bill  submitted  to  it  in  a  reasonable  time,  the  same  may  be 
called  up  by  any  member,  and  be  considered  in  the  same  manner  it 
would  have  been  considered  if  it  had  been  reported.  No  bill  shall 
become  a  law  unless,  on  its  final  passage,  it  receives  the  votes  of  at 
least  two-fifths  of  the  members  elected  to  each  House,  and  a  majority 
of  the  members  voting,  the  vote  to  be  taken  by  yeas  and  nays  and  en- 


CONSTITUTION   OF   KENTUCKY  233 

tered  in  the  journal  :  provided  any  act  or  resolution  for  the  appropri- 
ation of  money  or  the  creation  of  debt  shall,  on  its  final  passage,  receive 
the  votes  of  a  majority  of  all  the  members  elected  to  each  House. 

Sec.  47.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Representatives,  but  the  Senate  may  propose  amendments  thereto  : 
provided  no  new  matter  shall  be  introduced,  under  color  of  amend- 
ment, which  does  not  relate  to  raising  revenue. 

Sec.  48.  The  General  Assembly  shall  have  no  power  to  enact  laws 
to  diminish  the  resources  of  the  sinking  fund  as  now  established  by 
law  until  the  debt  of  the  Commonwealth  be  paid,  but  may  enact  laws 
to  increase  them  ;  and  the  whole  resources  of  said  fund,  from  year  to 
year,  shall  be  sacredly  set  apart,  and  applied  to  the  payment  of  the  in- 
terest and  principal  of  tlie  State  debt,  and  to  no  other  use  or  purpose, 
until  the  whole  debt  of  the  State  is  fully  satisfied. 

Sec.  49.  The  General  Assembly  may  contract  debts  to  meet  casual 
deficits  or  failures  in  the  revenue  ;  but  such  debts,  direct  or  contingent, 
singly  or  in  the  aggregate,  shall  not  at  any  time  exceed  five  hundred 
thousand  dollars,  and  the  moneys  arising  from  loans  creating  such 
debts  shall  be  applied  only  to  the  purpose  or  purposes  for  which  they 
were  obtained,  or  to  repay  such  debts  :  provided  the  General  Assembly 
may  contract  debts  to  repel  invasion,  suppress  insurrection,  or,  if  hos- 
tilities are  threatened,  provide  for  the  public  defense. 

Sec.  50.  No  act  of  the  General  Assembly  shall  authorize  any  debt 
to  be  contracted  on  behalf  of  the  Commonwealth  except  for  the  pur- 
poses mentioned  in  section  forty-nine,  unless  provision  be  made  therein 
to  levy  and  collect  an  annual  tax  sufficient  to  pay  the  interest  stipu- 
lated, and  to  discharge  the  debt  within  thirty  years  ;  nor  shall  such  act 
take  effect  until  it  shall  have  been  submitted  to  the  people  at  a  general 
election,  and  shall  have  received  a  majority  of  all  the  votes  cast  for 
and  against  it  :  provided  the  General  Assembly  may  contract  debts  by 
borrowing  money  to  pay  any  part  of  the  debt  of  the  State,  without 
submission  to  the  people,  and  without  making  provision  in  the  act 
authorizing  the  same  for  a  tax  to  discharge  the  debt  so  contracted, 
or  the  interest  thereon. 

Sec.  51.  No  law  enacted  by  the  General  Assembly  shall  relate  to 
more  than  one  subject,  and  that  shall  be  expressed  in  the  title,  and 
no  law  shall  be  revised,  amended,  or  the  provisions  thereof  extended 
or  conferred  by  reference  to  its  title  only  ;  but  so  much  thereof  as  is 
revised,  amended,  extended,  or  conferred  shall  be  reenacted  and 
published  at  length. 

Sec.  52.  The  General  Assembly  shall  have  no  power  to  release, 
extinguish,  or  authorize  the  releasing  or  extinguishing,  in  whole  or  in 
part,  the  indebtedness  or  liability  of  any  corporation  or  individual  to 
this  Commonwealth,  or  to  any  county  or  municipality  thereof. 

Sec.  53.  The  General  Assembly  shall  provide  by  law  for  monthly 
investigations  into  the  accounts  of  the  treasurer  and  auditor  of  public 
accounts,  and  the  result  of  these  investigations  shall  be  reported  to  the 
governor,  and  these  reports  shall  be  semi-annually  published  in  two 
newspapers  of  general  circulation  in  the  State.  The  reports  received 
by  the  governor  shall,  at  the  beginning  of  each  session,  be  transmitted 


234  CONSTITUTION   OF   KENTUCKY 

by  him  to  the  General  Assembly  for  scrutiny  and  appropriate 
action. 

Sec.  54.  The  General  Assembly  shall  have  no  power  to  limit  the 
amount  to  be  recovered  for  injuries  resulting  in  death,  or  for  injuries 
to  person  or  property. 

Sec.  55.  No  act,  except  general  appropriation  bills,  shall  become  a 
law  until  ninety  days  after  the  adjournment  of  the  session  at  which  it 
was  passed,  except  in  cases  of  emergency,  when,  by  the  concurrence 
of  a  majority  of  the  members  elected,  to  each  House  of  the  General 
Assembly,  by  a  yea  and  nay  vote  entered  upon  their  journals,  an  act 
may  become  a  law  when  approved  by  the  governor  ;  but  the  reasons 
for  the  emergency  that  justifies  this  action  must  be  set  out  at  length 
in  the  journal  of  each  House. 

Sec.  56.  No  bill  shall  become  a  law  until  the  same  shall  have  been 
signed  by  the  presiding  officer  of  eacli  of  the  two  Houses  in  open  ses- 
sion ;  and  before  such  officer  shall  have  affixed  his  signature  to  any 
bill,  he  shall  suspend  all  other  business,  declare  that  such  bill  will  now 
be  read,  and  that  he  will  sign  the  same,  to  the  end  that  it  may  become 
a  law.  The  bill  shall  then  be  read  at  length  and  compared  ;  and,  if 
correctly  enrolled,  he  shall,  in  presence  of  the  House  in  open  session, 
and  before  any  other  business  is  entertained,  afhx  his  signature,  which 
fact  shall  be  noted  in  the  journal,  and  the  bill  immediately  sent  to 
the  other  House.  When  it  reaches  the  other  House,  the  presiding 
officer  thereof  shall  immediately  suspend  all  other  business,  announce 
the  reception  of  the  bill,  and  the  same  proceeding  shall  thereupon  be 
observed  in  every  respect  as  in  the  House  in  which  it  was  first  signed. 
And  thereupon  the  clerk  of  the  latter  House  shall  immediately  pre- 
sent the  same  to  the  governor  for  his  signature  and  approval. 

Sec.  57.  A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  General  Assembly, 
shall  disclose  the  fact  to  the  House  of  which  he  is  a  member,  and 
shall  not  vote  thereon  upon  pain  of  expulsion. 

Sec.  58.  The  General  Assembly  shall  neither  audit  nor  allow  any 
private  claim  against  the  Commonwealth,  except  for  expenses  incurred 
during  the  session  at  which  the  same  was  allowed,  but  may  appropriate 
money  to  pay  such  claim  as  shall  have  been  audited  apd  allowed  ac- 
cording to  law. 

Local  and  Special  Legislation. 

Sec.  5g.  The  General  Assembly  shall  not  pass  local  or  special  acts 
concerning  any  of  the  following  subjects,  or  for  any  of  the  following 
purposes  :  namely, — 

1.  To  regulate  the  jurisdiction,  or  the  practice,  or  the  circuits  of 
courts  of  justice,  or  the  rights,  powers,  duties,  or  compensation  of  the 
officers  thereof  ;  but  the  practice  in  circuit  courts  in  continuous  ses- 
sion may,  by  a  general  law,  be  made  different  from  the  practice  of 
circuit  courts  held  in  terms. 

2.  To  regulate  the  summoning,  impaneling,  or  compensation  of 
grand  or  petit  jurors. 


I 


CONSTITUTION   OF   KENTUCKY  2^$ 

3.  To  provide  for  changes  of  venue  in  civil  or  criminal  causes. 

4.  To  regulate  the  punishment  of  crimes  and  misdemeanors,  or  to 
remit  fines,  penalties,  or  forfeitures. 

5.  To  regulate  the  limitation  of  civil  or  criminal  causes. 

6.  To  affect  the  estate  of  ccstiiis  que  trust,  decedents,  infants,  or 
other  persons  under  disabilities,  or  to  authorize  any  such  persons  to 
sell,  lease,  encumber,   or  dispose  of  their  property. 

7.  To  declare  any  person  of  age,  or  to  relieve  an  infant  or  feme 
covert  of  disability,  or  to  enable  him  to  do  acts  allowed  only  to  adults 
not  under  disabilities. 

8.  To  change  the  law  of  descent,  distribution,  or  succession. 

9.  To  authorize  the  adoption  or  legitimation  of  children. 

10.  To  grant  divorces. 

11.  To  change  the  name  of  persons. 

12.  To  give  effect  to  invalid  deeds,  wills,  or  other  instruments. 

13.  To  legalize,  except  as  against  the  Commonwealth,  the  unau- 
thorized or  invalid  act  of  any  officer  or  public  agent  of  the  Common- 
wealth, or  of  any  city,  county,  or  municipality  thereof. 

14.  To  refund  money  legally  paid  into  the  State  treasury. 

15.  To  authorize  or  to  regulate  the  levy,  the  assessment,  or  the  col- 
lection of  taxes,  or  to  give  any  indulgence  or  discharge  to  any  assessor 
or  collector  of  taxes,  or  to  his  sureties. 

16.  To  authorize  the  opening,  altering,  maintaining,  or  vacating 
roads,  highways,  streets,  alleys,  town  plats,  cemeteries,  graveyards,  or 
public  grounds  not  owned  by  the  Commonwealth. 

17.  To  grant  a  charter  to  any  corporation,  or  to  amend  the  charter 
of  any  existing  corporation  ;  to  license  companies  or  persons  to  own 
or  operate  ferries,  bridges,  roads,  or  turnpikes  ;  to  declare  streams 
navigable,  or  to  authorize  the  construction  of  booms  or  dams  therein, 
or  to  remove  obstructions  therefrom  ;  to  affect  toll-gates  or  to  regu- 
late tolls  ;  to  regulate  fencing  or  the  running  at  large  of  stock. 

iS.  To  create,  increase,  or  decrease  fees,  percentages,  or  allow- 
ances to  public  officers,  or  to  extend  the  time  for  the  collection  thereof, 
or  to  authorize  officers  to  appoint  deputies. 

ig.  To  give  any  person  or  corporation  the  right  to  lay  a  railroad 
track  or  tramway,  or  to  amend  existing  charters  for  such  purposes. 

20.  To  provide  for  conducting  elections,  or  for  designating  the 
places  of  voting,  or  changing  the  boundaries  of  wards,  precincts,  or 
districts,  except  when  new  counties  may  be  created. 

21.  To  regulate  the  rate  of  interest. 

22.  To  authorize  the  creation,  extension,  enforcement,  impair- 
ment, or  release  of  liens. 

23.  To  provide  for  the  protection  of  game  and  fish. 

24.  To  regulate  labor,  trade,  mining,  or  manufacturing. 

25.  To  provide  for  the  management  of  common  schools. 

26.  To  locate  or  change  a  county  seat. 

27.  To  provide  a  means  of  taking  the  sense  of  the  people  of  any 
city,  town,  district,  precinct,  or  county,  whether  they  wish  to  author- 
ize, regulate,  or  prohibit  therein  the  sale  of  vinous,  spirituous,  or  malt 
liquors,  or  alter  the  liquor  laws. 


236 


CONSTITUTION   OF   KENTUCKY 


28.  Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

29.  In  all  other,  cases  where  a  general  law  can  be  made  applica- 
ble, no  special  law  shall  be  enacted. 

Sec.  60.  The  General  Assembly  shall  not  indirectly  enact  any 
special  or  local  act  by  the  repeal  in  part  of  a  general  act,  or  by  ex- 
empting from  the  operation  of  a  general  act  any  city,  town,  district, 
or  county  ;  but  laws  repealing  local  or  special  acts  may  be  enacted. 
No  law  shall  be  enacted  granting  powers  or  privileges  in  any  case 
where  the  granting  of  such  powers  or  privileges  shall  have  been  pro- 
vided for  by  a  general  law,  nor  where  the  courts  have  jurisdiction  to 
grant  the  same  or  to  give  the  relief  asked  for.  No  law,  except  such 
as  relates  to  the  sale,  loan,  or  gift  of  vinous,  spirituous,  or  malt 
liquors,  bridges,  turnpikes  or  other  public  roads,  public  buildings  or 
improvements,  fencing,  running  at  large  of  stock,  matters  pertaining 
to  common  schools,  paupers,  and  the  regulation  by  counties,  cities, 
towns,  or  other  municipalities,  of  their  local  affairs,  shall  be  enacted 
to  take  effect  upon  the  approval  of  any  other  authority  tiian  the  Gen- 
e-ral  Assembly,  unless  otherwise  expressly  provided  in  this  Constitu- 
tion. 

Sec.  61.  The  General  Assembly  shall  by  general  law  provide  a 
means  whereby  the  sense  of  the  people  of  any  county,  city,  town,  dis- 
trict, or  precinct  may  be  taken,  as  to  whether  or  not  spirituous,  vin- 
ous, or  malt  liquors  shall  be  sold,  bartered,  or  loaned  therein,  or  the 
sale  thereof  regulated  ;  but  nothing  herein  shall  be  construed  to  in- 
terfere with  or  to  repeal  any  law  in  force  relating  to  the  sale  or  gift 
of  such  liquors.  All  elections  on  this  question  may  be  held  on  a  day 
other  than  the  regular  election  days. 

Sec.  62.  The  style  of  the  laws  of  this  Commonwealth  shall  be  as 
follows:  ''Be  it  enacted  by  the  General  Assembly  of  the  Common- 
wealth of  Kentucky." 

Counties  and  County  Seats. 

Sec.  63.  No  new  county  shall  be  created  by  the  General  Assem- 
bly which  will  reduce  the  county  or  counties,  or  either  of  them,  from, 
wiiich  it  shall  be  taken,  to  less  area  than  four  hundred  square  miles  ; 
nor  shall  any  county  be  formed  of  less  area  ;  nor  shall  any  boundary 
line  thereof  pass  within  less  than  ten  miles  of  any  county  seat  of  the 
county  or  counties  proposed  to  be  divided.  Nothing  contained  herein 
shall  prevent  the  General  Assembly  from  abolishing  any  county. 

Sec.  64.  No  county  shall  be  divided,  or  have  any  part  stricken 
therefrom,  except  in  the  formation  of  new  counties,  without  submit- 
ting the  question  to  a  vote  of  the  people  of  the  county,  nor  unless  the 
majority  of  all  the  legal  voters  of  the  county  voting  on  the  question 
shall  vote  for  the  same.  The  county  seat  of  no  county  as  now  located, 
or  as  may  hereafter  be  located,  shall  be  moved,  except  upon  a  vote  of 
two-thirds  of  those  voting  ;  nor  shall  any  new  county  be  established 
which  will  reduce  any  county  to  less  than  twelve  thousand  inhabit- 
ants, nor  shall  any  county  be  created  containing  a  less  population. 

Sec.  65.   There  shall  be  no  territory  stricken  from  any  county  un- 


CONSTITUTION   OF   KENTUCKY  23/ 

less  a  majority  of  the  voters  living  in  such  territory  shall  petition  for 
such  division  ;  but  the  portion  so  stricken  of?  and  added  to  another 
county,  or  formed  in  whole  or  in  part  into  a  new  county,  shall  be 
bound  for  its  proportion  of  the  indebtedness  of  the  county  from  which 
it  has  been  taken. 

Impeachments. 

Sec.  66.  The  House  of  Representatives  shall  have  the  sole  power 
of  impeachment. 

Sec.  67.  All  impeachments  shall  be  tried  by  the  Senate.  When 
sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation. 
No  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  senators  present. 

Sec.  63.  The  governor  and  ail  civil  officers  shall  be  liable  to  im- 
peachment for  any  misdemeanors  in  office  ;  but  judgment  in  such 
cases  shall  not  extend  further  than  removal  from  office,  and  disquali- 
fication to  hold  any  office  of  honor,  trust,  or  profit  under  this  Com- 
monwealth ;  but  the  party  convicted  shall,  nevertheless,  be  subject 
and  liable  to  indictment,  trial,  and  punishment  by  law. 

The  Executive  Department. 
Officers  for   the  State   at   Large. 

Sec.  69.  The  supreme  executive  power  of  the  Commonwealth 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled  the  "  Gov- 
ernor of  the  Commonwealth  of  Kentucky." 

Sec.  70.  He  shall  be  elected  for  the  term  of  four  years  by  the 
qualified  voters  of  the  State.  The  person  having  the  highest  number 
of  votes  shall  be  governor  ;  but  if  two  or  more  shall  be  equal  and 
highest  ia  votes,  the  election  shall  be  determined  by  lot  in  such  man- 
ner as  the  General  Assembly  may  direct. 

Sec.  71.  He  shall  be  ineligible  for  the  succeeding  four  years  after 
the  expiration  of  the  term  for  which  he  shall  have  been  elected. 

Sec.  72.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a 
citizen  and  a  resident  of  Kentucky  for  at  least  six  years  next  preced- 
ing his  election. 

Sec.  73.  Ha  shall  commence  the  execution  of  the  duties  of  his 
office  on  the  fifth  Tuesday  succeeding  his  election,  and  shall  continue 
in  the  execution  thereof  until  his  successor  shall  have  qualified. 

Sec.  7.J.  He  shall  at  stated  times  receive  for  his  services  a  compen- 
sation to  be  fixed  by  law. 

Sec.  75.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  Commonwealth,  and  of  the  militia  thereof,  except  when  they  shall 
be  called  into  the  service  of  the  United  States  ;  but  he  shall  not  com- 
mand personally  in  the  field,  unless  advised  so  to  do  by  a  resolution 
of  the  General  Assembly. 

Sec.  76.  He  shall  have  the  power,  except  as  otherwise  provided 
in  this  Constitution,  to  fill  vacancies  by  granting  commissions,  which 


238 


CONSTITUTION   OF   KENTUCKY 


shall  expire  when  such  vacancies  shall  have  been  filled  according  to 
the  provisions  of  this  Constitution. 

Sec.  77.  He  shall  have  power  to  remit  fines  and  forfeitures,  com- 
mute sentences,  grant  reprieves  and  pardons,  except  in  case  of 
impeachment  ;  and  he  shall  file  with  each  application  therefor  a  state- 
ment of  the  reasons  for  his  decision  thereon,  which  application  and 
statement  shall  always  be  open  to  public  inspection.  In  cases  of 
treason,  he  shall  have  power  to  grant  reprieves  until  the  end  of  the 
next  session  of  the  General  Assembly,  in  which  the  power  of  par- 
doning shall  be  vested  ;  but  he  shall  have  no  power  to  remit  the  fees 
of  the  clerk,  sheriff,  or  Commonwealth's  attorney  in  penal  or  criminal 
cases. 

Sec.  78.  He  may  require  information  in  writing  from  the  officers 
of  the  Executive  Department  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  79.  He  shall  from  time  to  time  give  to  the  General  Assembly 
information  of  the  state  of  the  Commonwealth,  and  recommend  to 
their  consideration  such  measures  as  he  may  deem  expedient. 

Sec.  80.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly  at  the  seat  of  government,  or  at  a  different  place,  if  that 
should  have  become  dangerous  from  an  enemy  or  from  contagious 
diseases.  In  case  of  disagreement  between  the  two  Houses  with  re- 
spect to  the  time  of  adjournment,  he  may  adjourn  them  to  such 
time  as  he  shall  think  proper,  not  exceeding  four  months.  When 
he  shall  convene  the  General  Assembly,  it  shall  be  by  proclama- 
tion, stating  the  subjects  to  be  considered,  and  no  others  shall  be 
considered. 

Sec.  81.    He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  82.  A  lieutenant-governor  shall  be  chosen  at  every  regular 
election  for  governor,  in  the  same  manner,  to  continue  in  office  for 
the  same  time,  and  possess  the  same  qualifications,  as  the  governor. 
He  shall  be  ineligible  to  the  office  of  lieutenant-governor  for  the  suc- 
ceeding four  years  after  the  expiration  of  the  term  for  which  he  shall 
have  been  elected. 

Sec.  83.  He  shall,  by  virtue  of  his  office,  be  president  of  the 
Senate,  have  a  right,  when  in  committee  of  the  whole,,  to  debate  and 
vote  on  all  subjects,  and,  when  the  Senate  is  equally  divided,  to  give 
the  casting  vote. 

Sec.  84.  Should  the  governor  be  impeached,  and,removed  from 
office,  die,  refuse  to  qualify,  resign,  be  absent  from  the  State,  or  be 
from  any  cause  unable  to  discharge  the  duties  of  his  office,  the  lieu- 
tenant-governor shall  exercise  all  the  power  and  authority  appertaining 
to  the  office  of  governor  until  another  be  duly  elected  and  qualified, 
or  the  governor  shall  return  or  be  able  to  discharge  the  duties  of  his 
office.  On  the  trial  of  the  governor,  the  lieutenant-governor  shall 
not  act  as  president  of  the  Senate  or  take  part  in  the  proceedings, 
but  the  chief  justice  of  the  Court  of  Appeals  shall  preside  during  the 
trial. 

Sec.  85.  A  president /r^  tempore  of  the  Senate  shall  be  elected  by 
each  Senate  as  soon  after  its  organization  as  possible,  the  lieutenant- 


CONSTITUTION  OF  KENTUCKY  239 

governor  vacating  his  seat  as  president  of  the  Senate  until  such  elec- 
tion shall  be  made  ;  and  as  often  as  there  is  a  vacancy  in  the  office  of 
president  pro  tempore,  another  president  pro  tempore  of  the  Senate 
shall  be  elected  by  the  Senate,  if  in  session.  And  if,  during  the 
vacancy  of  the  office  of  governor,  the  lieutenant-governor  shall  be 
impeached,  and  removed  from  office,  refuse  to  qualify,  resign,  die,  or 
be  absent  from  the  State,  the  ^xQ%vA^x\i  pro  tempore  of  the  Senate 
shall  in  like  manner  administer  the  government  :  provided,  whenever 
a  vacancy  shall  occur  in  the  office  of  governor  before  the  first  two 
years  of  the  term  shall  have  expired,  a  new  election  for  governor 
shall  take  place  to  fill  such  vacancy. 

Sec.  86.  The  lieutenant-governor,  or  president  pro  tempore  of  the 
Senate,  while  he  acts  as  president  of  the  Senate,  shall  receive  for  his 
services  the  same  compensation  which  shall,  for  the  same  period,  be 
allowed  for  the  speaker  of  the  House  of  Representatives  ;  and  during 
the  time  he  administers  the  government  as  governor,  he  shall  receive 
the  same  compensation  which  the  governor  would  have  received  had 
he  been  employed  in  the  duties  of  his  office. 

Sec.  87.  If  the  lieutenant-governor  shall  be  called  upon  to  admin- 
ister the  government,  and  shall,  while  in  such  administration,  resign, 
die,  or  be  absent  from  the  State  during  the  recess  of  the  General 
Assembly,  if  there  be  no  president  pro  tempore  of  the  Senate,  it  shall 
be  the  duty  of  the  secretary  of  state  for  the  time  being  to  convene 
the  Senate  for  the  purpose  of  choosing  a  president;  and  until  a  presi- 
dent is  chosen,  the  secretary  of  state  shall  administer  the  government. 
If  there  be  no  secretary  of  state  to  perform  the  duties  devolved  upon 
him  by  this  section,  or  in  case  that  officer  be  absent  from  the  State, 
then  the  attorney-general  for  the  time  being  shall  convene  the  Sen- 
ate for  the  purpose  of  choosing  a  president,  and  shall  administer  the 
government  until  a  president  is  chosen. 

Sec.  83.  Every  bill  which  shall  have  passed  the  two  Houses  shall 
be  presented  to  the  governor.  If  he  approve,  he  shall  sign  it  ;  but  if 
not,  he  shall  return  it,  with  his  objections,  to  the  House  in  which  it 
originated,  which  shall  enter  the  objections  in  full  upon  its  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  a  ma- 
jority of  all  the  members  elected  to  that  House  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  with  the  objections,  to  the  other  House,  by 
which  it  shall  likewise  be  considered,  and,  if  approved  by  a  majority  of 
all  the  members  elected  to  that  House,  it  shall  be  a  law  ;  but  in  such 
case  the  votes  of  both  Houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  members  voting  for  and  against  the  bill  shall 
be  entered  upon  the  journal  of  each  House  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  ten  days  (Sundays  ex- 
cepted) after  it  shall  have  been  presented  to  him,  it  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  General  Assembly,  by 
their  adjournment,  prevent  its  return,  in  which  case  it  shall  be  a  law, 
unless  disapproved  by  him  within  ten  days  after  the  adjournment,  in 
which  case  his  veto  message  shall  be  spread  upon  the  register  kept 
by  the  secretary  of  state.  The  governor  shall  have  power  to  disap- 
prove  any   part   or   parts   of  appropriation    bills   embracing    distinct 


240  COXSTITUTION   OF  KENTUCKY 


items,  and  the  part  or  parts  disapproved  shall  not  become  a  law  unless 
reconsidered  and  passed,  as  in  case  of  a  bill. 

Sec.  89.  Every  order,  resolution,  or  vote  in  which  the  concurrence 
of  both  Houses  may  be  necessary,  except  on  a  question  of  adjourn- 
ment, or  as  otherwise  provided  in  this  Constitution,  shall  be  pre- 
sented to  the  governor,  and,  before  it  shall  take  effect,  be  approved 
by  him,  or,  being  disapproved,  shall  be  repassed  by  a  majority  of  the 
members  elected  to  both  Houses,  according  to  the  rules  and  limita- 
tions prescribed  in  case  of  a  bill. 

Sec.  go.  Contested  elections  for  governor  and  lieutenant-governor 
shall  be  determined  by  both  Houses  of  the  General  Assembly,  accord- 
ing to  such  regulations  as  may  be  established  by  law. 

Sec.  91.  A  treasurer,  auditor  of  public  accounts,  register  of  the 
land  office,  commissioner  of  agriculture,  labor,  and  statistics,  secretary 
of  state,  attorney-general,  and  superintendent  of  public  instruction, 
shall  be  elected  by  the  qualified  voters  of  the  State  at  the  same  time 
the  governor  is  elected,  for  the  term  of  four  years,  each  of  whom 
shall  be  at  least  thirty  years  of  age  at  the  time  of  his  election,  and 
shall  have  been  a  resident  citizen  of  the  State  at  least  two  years  next 
before  his  election.  The  duties  of  all  these  officers  shall  be  such  as 
may  be  prescribed  by  law  ;  and  the  secretary  of  state  shall  keep  a  fair 
register  of  and  attest  all  the  official  acts  of  the  governor,  and  shall, 
when  required,  lay  the  same,  and  all  papers,  minutes,  and  vouchers 
relative  thereto,  before  either  House  of  the  General  Assembly.  The 
officers  named  in  this  section  shall  enter  upon  the  discharge  of  their 
duties  the  first  Monday  in  January  after  their  election,  and  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified. 

Sec.  92.  The  attorney-general  shall  have  been  a  practicing  lawyer 
eight  years  before  his  election. 

Sec.  93.  The  treasurer,  auditor  of  public  accounts,  secretary  of 
state,  commissioner  of  agriculture,  labor,  and  statistics,  attorney-gen- 
eral, superintendent  of  public  instruction,  and  register  of  the  land 
office  shall  be  ineligible  to  reelection  for  the  succeeding  four  years 
after  the  expiration  of  the  term  for  which  they  shall  have  been 
elected.  The  duties  and  responsibilities  of  these  officers  shall  be  pre- 
scribed by  law,  and  all  fees  collected  by  any  of  said  officers  shall  be 
covered  into  the  treasury.  Inferior  State  officers,  not  specifically 
provided  for  in  this  Constitution,  may  be  appointed  or  elected,  in 
such  manner  as  may  be  prescribed  by  law,  for  a  term  not  exceeding 
four  years,  and  until  their  successors  are  appointed  or  elected  and 
qu.alified. 

Sec.  94.  The  General  Assembly  may  provide  for  the  abolishment 
of  the  office  of  the  register  of  the  land  office,  to  take  effect  at  the 
end  of  any  term,  and  shall  provide  by  law  for  the  custody  and  preser- 
vation of  the  papers  and  records  of  said  office,  if  the  same  be 
abolished. 

Sec.  95.  The  election  under  this  Constitution  for  governor,  lieu- 
tenant-governor, treasurer,  auditor  of  public  accounts,  register  of  the 
land  office,  attorney-general,  secretary  of  state,  superintendent  of 
public  instruction,  and  commissioner  of  agriculture,  labor,  and  statis- 


CONSTITUTION   OF   KENTUCKY  24I 

tics,  shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November,  eighteen  hundred  and  ninety- five,  and  the  same  day  every 
four  years  thereafter. 

Sec.  g6.  All  the  officers  mentioned  in  section  ninety-five  shall  be 
paid  for  their  services  by  salary,  and  not  otherwise. 

Officers  for  Districts  and  Counties, 

Sec.  97.  At  the  general  election  in  eighteen  hundred  and  ninety- 
t'ATo  there  shall  be  elected  in  each  circuit  court  district  a  Common- 
wealth's attorney,  and  in  each  county  a  clerk  of  the  circuit  court,  who 
shall  enter  upon  the  discharge  of  the  duties  of  their  respective  offices 
on  the  first  Monday  in  January  after  their  election,  and  shall  hold 
their  offices  five  years,  and  until  their  successors  are  elected  and 
qualified.  In  the  year  eighteen  hundred  and  ninety-seven,  and  every 
six  years  thereafter,  there  shall  be  an  election  in  each  county  for  a 
circuit  court  clerk,  and  for  a  Commonwealth's  attorney  in  each  circuit 
court  district,  unless  that  office  be  abolished,  who  shall  hold  their 
respective  offices  for  six  years  from  the  first  Monday  in  January  after 
their  election,  and  until  the  election  and  qualification  of  their  suc- 
cessors. 

Sec.  g8.  The  compensation  of  the  Commonwealth's  attorney  shall 
be  by  salary  and  such  percentage  of  fines  and  forfeitures  as  may  be 
fixed  by  law,  and  such  salary  shall  be  uniform  in  so  far  as  the  same 
shall  be  paid  out  of  the  State  treasury,  and  not  to  exceed  the  sum  of 
five  hundred  dollars  per  annum  ;  but  any  county  may  make  addi- 
tional compensation,  to  be  paid  by  said  county.  Should  any  per- 
centage of  fines  and  forfeitures  be  allowed  by  law,  it  shall  not  be  paid 
except  upon  such  proportion  of  the  fines  and  forfeitures  as  have  been 
collected  and  paid  into  the  State  treasury,  and  not  until  so  collected 
and  paid. 

Sec.  gg.  There  shall  be  elected  in  eighteen  hundred  and  ninety- 
four  in  each  county  a  judge  of  the  county  court,  a  county  court  clerk, 
a  county  attorney,  sheriff,  jailer,  coroner,  surveyor,  and  assessor,  and 
in  each  justice's  district  one  justice  of  the  peace  and  one  constable, 
who  shall  enter  upon  the  discharge  of  the  duties  of  their  offices  on  the 
first  Monday  in  January  after  their  election,  and  continue  in  office 
three  years,  and  until  the  election  and  qualification  of  their  succes- 
sors ;  and  in  eighteen  hundred  and  ninety-seven,  and  every  four  years 
thereafter,  there  shall  be  an  election  in  each  county  of  the  officers 
mentioned,  who  shall  hold  their  offices  four  years  (from  the  first 
Monday  in  January  after  their  election),  and  until  the  election  and 
qualification  of  their  successors.  The  first  election  of  sheriffs  under 
this  Constitution  shall  be  held  in  eighteen  hundied  and  ninety-two, 
and  the  sheriffs  then  elected  shall  hold  their  offices  two  years,  and 
until  the  election  and  qualification  of  their  successors.  The  sheriffs 
now  in  office  for  their  first  term  shall  be  eligible  to  reelection  in 
eighteen  hundred  and  ninety-two,  and  those  elected  in  eighteen  hun- 
dred and  ninety-two  for  the  first  term  shall  be  eligible  to  reelection 
in  eighteen  hundred  and  ninety-four,  but  thereafter  no  sheriff  shall 
KENT,  HIST,  —  16 


242  CONSTITUTION   OF  KENTUCKY    . 

be  eligibfe  to  reelection  or  to  act  as  deputy  for  the  succeeding 
term. 

Sec.  ioo.  No  person  shall  be  eligible  to  the  offices  mentioned  in 
sections  ninety-seven  and  ninety-nine  who  is  not  at  the  time  of  his 
election  twenty-four  years  of  age  (except  clerks  of  county  and  circuit 
courts,  who  shall  be  twenty-one  years  of  age),  a  citizen  of  Kentucky, 
and  who  has  not  resided  in  the  State  two  years,  and  one  year  next 
preceding  his  election  in  the  county  and  district  in  which  he  is  a  can- 
didate. No  person  shall  be  eligible  to  the  office  of  Commonwealth's 
attorney  unless  he  shall  have  been  a  licensed  practicing  lawyer  four 
years.  No  person  shall  be  eligible  to  the  office  of  county  attorney 
unless  he  shall  have  been  a  licensed  practicing  lawyer  two  years.  No 
person  shall  be  eligible  to  the  office  of  clerk  unless  he  shall  have  pro- 
cured from  a  judge  of  the  Court  of  Appeals,  or  a  judge  of  a  circuit 
court,  a  certificate  that  he  has  been  examined  by  the  clerk  of  his 
court  under  his  supervision,  and  that  he  is  qualified  for  the  office 
for  which  he  is  a  candidate. 

Sec.  ioi.  Constables  shall  possess  the  same  qualifications  as  sher- 
iffs, and  their  jurisdiction  shall  be  coextensive  with  the  counties  in 
which  they  reside.  Constables  now  in  office  shall  continue  in  office 
until  their  successors  are  elected  and  qualified. 

Sec.  I02.  When  a  new  county  shall  be  created,  officers  for  the 
same,  to  serve  until  the  next  regular  election,  shall  be  elected  or 
appointed  in  such  way  and  at  such  times  as  the  General  Assembly 
may  prescribe. 

Sec.  103.  The  judges  of  county  courts,  clerks,  sheriffs,  surveyors, 
coroners,  jailers,  constables,  and  such  other  officers  as  the  General 
Assembly  may  from  time  to  time  require,  shall,  before  they  enter 
upon  the  duties  of  their  respective  offices,  and  as  often  thereafter  as 
may  be  deemed  proper,  give  such  bond  and  security  as  may  be  pre- 
scribed by  law. 

Sec.  104.  The  General  Assembly  may  abolish  the  office  of  assessor, 
and  provide  that  the  assessment  of  property  shall  be  made  by  other 
officers  ;  but  it  shall  have  power  to  reestablish  the  office  of  assessor 
and  prescribe  his  duties.  No  person  shall  be  eligible  to  the  office  of 
assessor  two  consecutive  terms. 

Sec.  105.  The  General  Assembly  may  at  any  time  Consolidate  the 
offices  of  jailer  and  sheriff  in  any  county  or  counties,  as  it  shall  deem 
most  expedient  ;  but,  in  the  event  such  consolidation  be  made,  the 
office  of  sheriff  shall  be  retained,  and  the  sheriff  shall  be  required  to 
perform  the  duties  of  jailer. 

Sec.  106.  The  fees  of  county  officers  shall  be  regulated  by  law. 
In  counties  or  cities  having  a  population  of  seventy-five  thousand  or 
more,  the  clerks  of  the  respective  courts  thereof  (except  the  clerk  of 
the  city  court),  the  marshals,  the  sheriffs,  and  the  jailers  shall  be 
paid  out  of  the  State  treasury,  by  salary  to  be  fixed  by  law,  the 
salaries  of  said  officers  and  of  their  deputies  and  necessary  office 
expenses  not  to  exceed  seventy-five  per  centum  of  the  fees  collected 
by  said  officers  respectively,  and  paid  into  the  treasury. 

Sec.  107.  The  General  Assembly  may  provide  for  the  election  or 


CONSTITUTION   OF   KENTUCKY  243 

appointment,  for  a  term  not  exceeding  four  years,  of  such  other 
county  or  district  mmisterial  and  executive  officers  as  may  from  time 
to  time  be  necessary. 

Sec.  io8.  The  General  Assembly  may.  at  any  time  after  the  expira- 
tion of  six  years  from  the  adoption  of  this  Constitution,  abolisli  the 
office  of  Commonwealth's  attorney,  to  take  effect  upon  the  expiration 
of  the  terms  of  the  incumbents,  in  which  event  the  duties  of  said 
office  shall  be  discharged  by  the  county  attorneys. 

The  Judicial  Department. 

Sec.  log.  The  judicial  power  of  the  Commonwealth,  both  as  to 
matters  of  law  and  equity,  shall  be  vested  in  the  Senate  when  sitting 
as  a  court  of  impeacliment,  and  one  Supreme  Court  (to  be  styled  the 
Court  of  Appeals),  and  the  courts  established  by  this  Constitution. 

-■■/ 
Court  of  Appeals. 

Sec.  iio.  The  Court  of  Appeals  shall  have  appellate  jurisdiction 
only,  which  shall  be  coextensive  with  the  State,  under  such  restric- 
tions and  regulations,  not  repugnant  to  this  Constitution,  as  may  from 
time  to  time  be  prescribed  by  law.  Said  court  shall  have  power  to 
issue  such  writs  as  may  be  necessary  to  give  it  a  general  control  of 
inferior  jurisdictions. 

Sec.  III.  The  Court  of  Appeals  shall  be  held  at  the  seat  of  govern- 
ment ;  but  if  that  shall  become  dangerous,  in  case  of  war,  insurrection, 
or  pestilence,  it  may  adjourn  to  meet  and  transact  its  business  at  such 
other  piace  in  the  State  as  it  may  deem  expedient  for  the  time  being. 

Sec.  112.  The  judges  of  the  Court  of  Appeals  shall  severally  hold 
their  offices  for  the  term  of  eight  years,  commencing  on  the  first 
Monday  in  January  next  succeeding  their  respective  elections,  and 
until  their  several  successors  are  qualified,  subject  to  the  conditions 
hereinafter  prescribed.  For  any  reasonable  cause  the  governor  shall 
remove  them,  or  any  one  or  more  of  them,  on  the  address  of  two- 
thirds  of  each  House  of  the  General  Assembly.  The  cause  or  causes 
for  which  said  removal  shall  be  required  shall  be  stated  at  length  in 
such  address  and  in  the  journal  of  each  House.  They  shall  at  stated 
times  receive  for  their  services  an  adequate  compensation,  to  be  fixed 
by  law. 

Sec.  113.  The  Court  of  Appeals  shall,  after  eighteen  hundred  and 
ninety-four,  consist  of  not  less  than  five  nor  more  than  seven  judges. 
They  shall  severally,  by  virtue  of  their  office,  be  conservators  of  the 
peace  throughout  the  State,  and  shall  be  commissioned  by  the  governor. 

Sec.  114.  No  person  shall  be  eligible  to  election  as  a  judge  of  the 
Court  of  Appeals  who  is  not  a  citizen  of  Kentucky,  and  has  not 
resided  in  this  State  five  years,  and  in  the  district  in  which  he  is 
elected  two  years,  next  preceding  his  election,  and  who  is  less  than 
thirty-five  years  of  age,  and  has  not  been  a  practicing  lawyer  eight 
years,  or  whose  services  upon  the  bench  of  a  circuit  court  or  court  of 


244  CONSTITUTION   OF   KENTUCKY 

similar  jurisdiction,  when  added  to  the  time  he  may  have  practiced 
law,  shall  not  be  equal  to  eight  years. 

Sec.  115.  The  present  judges  of  the  Court  of  Appeals  shall  hold 
their  offices  until  their  respective  terms  expire,  and  until  their  several 
successors  shall  be  qualified  ;  and  at  the  regular  election  next  pre- 
ceding the  expiration  of  the  term  of  each  of  the  present  judges,  his 
successor  shall  be  elected.  The  General  Assembly  shall,  before  the 
regular  election  in  eighteen  hundred  and  ninety-four,  provide  for  the 
election  of  such  judges  of  the  Court  of  Appeals,  not  less  than  five  nor 
exceeding  seven,  as  may  be  necessary  ;  and  if  less  than  seven  judges 
be  provided  for,  the  General  Assembly  may  at  any  time  increase  the 
number  to  seven. 

Sec.  116.  The  judges  of  the  Court  of  Appeals  shall  be  elected  by 
districts.  The  General  Assembly  shall,  before  the  regular  election  in 
eighteen  hundred  and  ninety-four,  divide  the  Slate,  by  counties,  into 
as  many  districts,  as  nearly  equal  in  population  and  as  compact  in 
form  as  possible,  as  it  may  provide  shall  be  the  number  of  judges  of 
the  Court  of  Appeals  ;  and  it  may,  every  ten  years  thereafter,  or  when 
the  number  of  judges  requires  it,  redistrict  the  State  in  like  manner. 
Upon  the  creation  of  new  or  additional  districts,  the  General  Assem- 
bly shall  designate  the  year  in  which  the  first  election  for  a  judge  of 
the  Court  of  Appeals  shall  be  held  in  each  district,  so  that  not  more 
than  the  number  of  judges  provided  for  shall  be  elected,  and  that  no 
judge  may  be  deprived  of  his  office  until  the  expiration  of  the  term 
for  which  he  was  elected. 

Sec.  117.  A  majority  of  the  judges  of  the  Court  of  Appeals  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  in  the  event 
as  many  as  two  decline,  on  account  of  interest  or  for  other  reason,  to 
preside  in  the  trial  of  any  cause,  the  governor,  on  that  fact  being  cer- 
tified to  him  by  the  chief  justice,  shall  appoint  to  try  the  particular 
cause  a  sufficient  number  of  judges  to  constitute  a  full  court.  The 
judges  so  appointed  shall  possess  the  qualifications  prescribed  for 
judges  of  the  Court  of  Appeals,  and  receive  the  same  compensation, 
proportioned  to  the  length  of  service. 

Sec.  118.  The  judge  longest  in  commission  as  judge  of  the  Court 
of  Appeals  shall  be  chief  justice,  and  if  the  term  of  service  of  two  or 
more  judges  be  the  same,  they  shall  determine  by  lot  which  of  their 
number  shall  be  chief  justice.  The  court  shall  prescribe  by  rule  that 
petitions  for  rehearing  shall  be  considered  by  a  judge  who  did  not 
deliver  the  opinion  in  the  case  ;  and  the  court,  if  composed  of  seven 
judges,  shall  divide  itself  into  sections  for  the  transaction  of  business, 
if,  In  the  judgment  of  the  court,  such  arrangement  is  necessary. 

Sec.  119.  The  Superior  Court  shall  continue  until  the  terms  of  the 
present  judges  of  said  court  expire  ;  and  upon  the  expiration  of  their 
terms,  all  causes  pending  before  the  Superior  Court  shall  be  trans- 
ferred to  the  Court  of  Appeals,  and  be  determined  by  it. 

Sec.  120.  The  present  clerk  of  the  Court  of  Appeals  shall  serve 
until  the  expiration  of  the  term  for  which  he  was  elected,  and  until 
his  successor  is  elected  and  qualified.  At  the  election  in  the  year 
eighteen  hundred  and  ninety-seven   there   shall  be   elected   by  the 


CONSTITUTION   OF  KENTUCKY  245 

qualified  voters  of  the  State  a  clerk  of  the  Court  of  Appeals,  who  shall 
take  his  office  the  first  Monday  in  September,  eighteen  hundred 
and  ninety-eight,  and  who  shall  hold  his  office  until  the  regular 
election  in  nineteen  hundred  and  three,  and  until  his  successor  shall 
be  elected  and  qualified.  In  nineteen  hundred  and  thiee,  and  there- 
after, the  clerk  of  the  Court  of  Appeals  shall  be  elected  at  the  same 
time  as  the  governor,  for  the  term  of  four  years ;  and  the  said  clerk 
shall  take  his  office  on  the  first  Monday  in  January  following  his 
election,  and  shall  hold  his  office  until  his  successor  is  elected  and 
qualified.      Tiie  clerk  shall  be  ineligible  for  the  succeeding  term. 

Sec.  121.  No  person  shall  be  eligible  to  the  office  of  clerk  of  the 
Court  of  Appeals  unless  he  is  a  citizen  of  Kentucky,  a  resident 
thereof  for  two  years  next  preceding  his  election,  of  the  age  of  twenty- 
one  years,  and  have  a  certificate  from  a  judge  of  the  Court  of  Appeals 
that  he  has  been  examined  by  him,  or  by  the  clerk  of  his  court  under 
his  supervision,  and  that  he  is  qualified  for  the  office. 

Sec.  122.  Should  a  vacancy  occur  in  the  office  of  the  clerk  of  tlie 
Court  of  Appeals,  or  should  the  clerk  be  under  charges,  the  Court  of 
Appeals  shall  have  power  to  appoint  a  clerk  until  the  vacancy  be 
filled  as  provided  in  this  Constitution,  or  until  the  clerk  be  acquitted. 

Sec.  123.  The  style  of  process  shall  be  "  The  Commonwealth  of 
Kentucky."  All  prosecutions  shall  be  carried  on  in  the  name  and  by 
the  authority  of  the  "Commonwealth  of  Kentucky,"  and  conclude 
against  the  peace  and  dignity  of  the  same. 

Sec.  124.  The  clerks  of  the  Court  of  Appeals,  circuit  and  county 
courts,  shall  be  removable  from  office  by  the  Court  of  Appeals,  upon 
information  and  good  cause  shown.  The  court  shall  be  judge  of  tlie 
facts  as  well  as  the  law.  Two-thirds  of  the  members  present  must 
concur  in  the  sentence. 

Circuit  Courts. 

Sec.  125.  A  circuit  court  shall  be  established  in  each  county  now 
existing,  or  which  may  hereafter  be  created,  in  this  Commonwealth. 

Sec.  126.  The  jurisdiction  of  said  court  shall  be  and  remain  as 
now  established,  hereby  giving  to  the  General  Assembly  the  power  to 
change  it. 

Sec.  127.  The  right  to  appeal  or  sue  out  a  writ  of  error  shall  re- 
main as  it  now  exists  until  altered  by  law,  hereby  giving  to  the  Gen- 
eral Assembly  the  power  to  change  or  modify  said  right. 

Sec.  128.  At  its  first  session  after  the  adoption  of  this  Constitution, 
the  General  Assembly,  having  due  regard  to  territory,  business,  and 
population,  shall  divide  the  State  into  a  sufficient  number  of  judicial 
districts  to  carry  into  effect  the  provisions  of  this  Constitution  con- 
cerning circuit  courts.  In  making  such  apportionment, 'no  county  shall 
be  divided  ;  and  the  number  of  said  districts,  excluding  those  in  coun- 
ties having  a  population  of  one  hundred  and  fifty  thousand,  shall  not 
exceed  one  district  for  each  sixty  thousand  of  the  population  of  the 
entire  State. 

Sec.  129.   The  General  Assembly  shall,  at  the  same  time  the  judi- 


246 


CONSTITUTION   OF   KENTUCKY 


cial  districts  are  laid  off,  direct  elections  to  be  held  in  each  district  to 
elect  a  judge  therein.  The  first  election  of  judges  of  the  circuit  courts 
under  this  Constitution  shall  take  place  at  the  annual  election  in  the 
year  eighteen  hundred  and  ninetj'-tvvo,  and  the  judges  then  elected 
shall  enter  upon  the  discharge  of  the  duties  of  their  respective  offices 
on  the  first  Monday  in  January  after  their  election,  and  hold  their 
offices  five  years,  and  until  their  successors  are  elected  and  qualified. 
At  the  general  election  in  eighteen  hundred  and  ninety-seven,  and 
every  six  years  thereafter,  there  shall  be  an  election  for  judges  of  the 
circuit  courts,  who  shall  hold  their  offices  for  six  years  from  the  first 
Monday  in  January  succeeding  their  election.  They  shall  be  com- 
missioned by  the  governor,  and  continue  in  office  until  their  successors 
shall  have  been  qualified,  but  shall  be  removable  in  the  same  manner 
as  the  judges  of  the  Court  of  Appeals.  The  removal  of  a  judge  from 
his  district  shall  vacate  his  office. 

Sec.  130.  No  person  shall  be  eligible  as  judge  of  the  circuit  court 
who  is  less  than  thirty-five  years  of  age  when  elected,  who  is  not  a 
citizen  of  Kentucky,  and  a  resident  of  the  district  in  which  he  may  be 
a  candidate  two  years  next  preceding  his  election,  and  who  has  not 
been  a  practicing  lawyer  eight  years. 

Sec.  131.  There  shall  be  at  least  three  regularterms  of  circuit  court 
held  in  each  county  every  year. 

Sec.  132.  The  General  Assembly,  when  deemed  necessary,  may 
establish  additional  districts ;  but  the  whole  number  of  districts,  ex- 
clusive of  counties  having  a  population  of  one  hundred  and  fifty  thou- 
sand, shall  not  exceed  at  any  time  one  for  every  sixty  thousand  of 
population  of  the  State  according  to  the  last  enumeration. 

Sec.  133.  The  judges  of  the  circuit  court  shall  at  stated  times 
receive  for  their  services  an  adequate  compensation  to  be  fixed  by  law, 
which  shall  be  equal  and  uniform  throughout  the  State,  so  far  as  the 
same  shall  be  paid  out  of  the  vState  treasury. 

Sec.  134.  The  judicial  districts  of  the  State  shall  not  be  changed 
except  at  the  first  session  after  an  enumeration,  unless  upon  the  estab- 
lishment of  a  new  district. 

Sec.  135.  No  courts  save  those  provided  for  in  this  Constitution 
shall  be  established. 

Sec.  136.  The  General  Assembly  shall  provide  by  law  for  holding 
circuit  courts,  when  from  any  cause  the  judge  shall  fail  to  attend,  or, 
if  in  attendance,  cannot  properly  preside. 

Sec.  137.  Each  county  having  a  population  of  one  hundred  and 
fifty  thousand,  or  over,  shall  constitute  a  district,  which  shall  be  en- 
titled to  four  judges.  Additional  judges  for  said  district  may  from 
time  to  time  be  authorized  by  the  General  Assembly,  but  not  to  exceed 
one  judge  for  each  increase  of  forty  thousand  of  population  in  said 
county,  to  be  ascertained  by  the  last  enumeration.  Each  of  the  judges 
in  such  a  district  shall  hold  a  separate  court,  except  when  a  general 
term  may  be  held  for  the  purpose  of  making  rules  of  court,  or  as  may 
be  required  by  law  :  provided  no  general  term  shall  have  power  to  re- 
view any  order,  decision,  or  proceeding  of  any  branch  of  the  court  in 
said  district  made  in  separate  term.     There  shall   be  one  clerk  for 


CONSTITUTION   OF   KENTUCKY  247 

such  district,  who  shall  be  known  as  the  clerk  of  the  circuit  court. 
Criminal  causes  shall  be  under  the  exclusive  jurisdiction  of  some  one 
branch  of  said  court  ;  and  all  other  litigation  in  said  district,  of  which 
the  circuit  court  may  have  jurisdiction,  shall  be  distributed  as  equally 
as  may  be  between  the  other  branches  thereof,  in  accordance  with  the 
rules  of  the  court  made  in  general  term  or  as  may  be  prescribed  by 
law. 

Sec.  13S.  Each  county  having  a  city  of  twenty  thousand  inhabit- 
ants, and  a  population,  including  said  city,  of  forty  thousand  or  more, 
may  constitute  a  district ;  and  when  its  population  reaches  seventy-five 
thousand,  the  General  Assembly  may  provide  that  it  shall  have  an 
additional  judge,  and  such  district  may  have  a  judge  for  each  addi- 
tional fifty  thousand  population  above  one  hundred  thousand.  And 
in  such  counties  the  General  Assembly  shall  by  proper  laws  direct  in 
what  manner  the  court  shall  be  held  and  the  business  therein  con- 
ducted. 

Quarterly  Courts. 

Sec.  139.  There  shall  be  established  in  each  county  now  existing, 
or  which  may  be  hereafter  created,  in  this  State,  a  court,  to  be  styled 
the  "  quarterly  court,"'  the  jurisdiction  of  which  shall  be  uniform 
throughout  the  State,  and  shall  be  regulated  by  a  general  law,  and, 
until  changed,  shall  be  the  same  as  that  now  vested  by  law  in  the 
quarterly  courts  of  this  Commonwealth.  The  judges  of  the  county 
court  shall  be  the  judges  of  the  quarterly  courts. 

County  Courts. 

Sec.  140.  There  shall  t*  established  in  each  county  now  existing. 
or  which  may  be  hereafter  created,  in  this  State,  a  court,  to  be  styled 
the  "  county  court,"  to  consist  of  a  judge,  who  shall  be  a  conservator 
of  the  peace,  and  shall  receive  such  compensation  for  his  services  as 
may  be  prescribed  by  law.  He  shall  be  conmussioned  by  the  gover- 
nor, and  shall  vacate  his  office  by  removal  from  the  county  in  which 
he  may  have  been  elected. 

Sec.  141.  The  jurisdiction  of  the  county  court  shall  be  uniform 
throughout  the  State,  and  shall  be  regulated  by  general  law,  and,  until 
changed,  shall  be  the  same  as  now  vested  in  the  county  courts  of  this 
State  by  law. 

Justices'  Courts. 

Sec.  142.  Each  county  now  existing,  or  which  may  hereafter  be 
created,  in  this  State,  shall  be  laid  off  into  districts  in  such  manner  as 
the  General  Assembly  may  direct ;  but  no  county  shall  have  less  than 
three  nor  more  than  eight  districts,  in  each  of  which  districts  one  jus- 
tice of  the  peace  shall  be  elected  as  provided  in  section  ninety-nine. 
The  General  Assembly  shall  make  provisions  for  regulating  the  num- 
ber of  said  districts  from  time  to  time  within  the  limits  herein  pre- 
scribed, and  for  fixing  the  boundaries  thereof.     The  jurisdiction  of 


248  CONSTITUTION   OF  KENTUCKY 

justices  of  the  peace  shall  be  coextensive  with  the  count}',  and  shall 
be  equal  and  uniform  throughout  the  State.  Justices  of  the  peace 
shall  be  conservators  of  the  peace.  They  shall  be  commissioned  by 
the  governor,  and  shall  vacate  their  offices  by  removal  from  the  dis- 
tricts, respectively,  in  which  they  may  have  been  elected. 


Police  Courts. 

Sec.  143.  A  police  court  may  be  established  in  each  city  and  town 
in  this  State,  with  jurisdiction  in  cases  of  violation  of  municipal  ordi- 
nances and  by-laws  occurring  within  the  corporate  limits  of  the  city  or 
town  in  which  it  is  established,  and  such  criminal  jurisdiction  \Mthin 
the  said  limits  as  justices  of  the  peace  have.  The  said  courts  may  be 
authorized  to  act  as  examining  courts,  but  shall  have  no  civil  jurisdic- 
tion :  provided,  the  General  Assembly  may  confer  civil  jurisdiction  on 
police  courts  in  cities  and  towns  of  the  fourth  and  fifth  classes  and  in 
towns  of  the  sixth  class  having  a  population  of  two  hundred  and  fifty 
or  more,  which  jurisdiction  shall  be  uniform  throughout  the  State, 
and  not  exceed  that  of  justices  of  the  peace. 

Fisc/\L  Courts. 

Sec.  144.  Counties  shall  have  a  fiscal  court,  which  may  consist  of 
the  judge  of  the  county  court  and  the  justices  of  the  peace,  in  which 
court  the  judge  of  the  county  court  shall  preside,  if  present  ;  or  a 
county  may  have  three  commissioneis,  to  be  elected  from  the  county 
at  large,  who,  together  with  the  judge  of  the  county  court,  shall  con- 
stitute the  fiscal  court.  A  majority  of  th^membersof  said  court  shall 
constitute  a  court  for  the  transaction  of  business  ;  but  where,  for 
county  governmental  purposes,  a  city  is  by  law  separated  from  the 
remainder  of  the  county,  such  commissioners  may  be  elected  from  the 
part  of  the  county  outside  of  such  city. 

Suffrage  and  Elections. 

Sec.  145.  Every  male  citizen  of  the  United  States  of  the  age  of 
twenty-one  years,  who  has  resided  in  the  State  one  year,  and  in  tiie 
county  six  months,  and  in  the  precinct  in  which  he  offers  to  vote  sixty 
days,  next  preceding  the  election,  shall  be  a  voter  in  said  precinct,  and 
not.  elsewhere  ;  but  the  following  persons  are  excepted,  and  shall  not 
have  the  right  to  vote  : — 

1.  Persons  convicted,  in  any  court  of  competent  jurisdiction,  of  trea- 
son, or  felony,  or  bribery  in  an  election,  or  of  such  high  misdemeanor 
as  the  General  Assembly  may  declare  shall  operate  as  an  exclusion 
from  the  right  of  suffrage  ;  but  persons  hereby  excluded  may  be  re- 
stored to  their  civil  rights  by  Executive  pardon. 

2.  Persons  who,  at  the  time  of  tiie  election,  are  in  confinement 
under  the  judgment  of  a  court  for  some  penal  offense. 

3.  Idiots  and  insane  persons. 


CONSTITUTION   OF   KENTUCKY  249 

Sec.  146.  No  person  in  the  military,  naval,  or  marine  service  of 
the  United  States  shall  be  deemed  a  resident  of  this  State  by  reason  of 
being  stationed  within  the  same. 

Sec.  147.  The  General  Assembly  shall  provide  by  law  for  the  regis- 
tration of  all  persons  entitled  to  vote  in  cities  and  towns  having  a 
population  of  five  thousand  or  more,  and  may  provide  by  general  law 
foi  the  registration  of  other  voters  in  the  State.  Where  registration 
is  required,  only  persons  registered  shall  have  the  right  to  vote.  The 
mode  of  registration  shall  be  prescribed  by  the  General  Assembly. 
In  all  elections  by  persons  in  a  representative  capacity,  the  voting 
shall  be  viva  voce,  and  made  a  matter  of  record  ;  but  all  elections  by 
the  people  shall  be  by  secret  official  ballot,  furnished  by  public  author- 
ity to  the  voters  at  the  polls,  and  marked  by  each  voter  in  private  at 
the  polls,  and  then  and  there  deposited.  The  word  "  elections  "  in 
this  section  includes  the  decision  of  questions  submitted  to  the  voters, 
as  well  as  the  choice  of  officers  by  them.  The  first  General  Assemldy 
held  after  the  adoption  of  this  Constitution  shall  pass  all  necessary 
laws  to  enforce  this  provision,  and  shall  provide  that  persons  illiter- 
ate, blind,  or  in  any  way  disabled,  may  have  their  ballots  marked  as 
herein  required. 

Sec.  148.  Not  more  than  one  election  each  year  shall  be  held  in 
this  State  or  in  any  city,  town,  district,  or  county  thereof,  except  as 
otherwise  provided  in  this  Constitution.  All  elections  of  State, 
county,  city,  town,  or  district  officers  shall  be  held  on  the  first  Tues- 
day after  the  first  Monday  in  November  ;  but  no  officer  of  any  city, 
town,  or  county,  or  of  any  subdivision  thereof,  except  members  of 
municipal  legislative  boards,  shall  be  elected  in  the  same  year  in 
which  members  of  the  House  of  Representatives  of  the  United  States 
are  elected.  District  or  State  officers,  including  members  of  the  Gen- 
eral Assembly,  may  be  elected  in  the  same  year  in  which  members  of 
the  House  of  Representatives  of  the  United  States  are  elected.  All 
elections  by  the  people  shall  be  between  the  hours  of  six  o'clock  .a.m. 
and  seven  o'clock  p.m.,  but  the  General  Assembly  may  change  said 
hours,  and  all  officers  of  any  election  shall  be  residents  and  voters  in 
the  precinct  in  which  they  act.  The  General  Assembly  shall  provide 
by  law  that  all  employers  shall  allow  employees,  under  reasonable  regu- 
lations, at  least  four  hours  on  election  days,  in  which  to  cast  their  votes. 

Sec.  149.  Voters,  in  all  cases  except  treason,  felony,  breach  or 
surety  of  the  peace,  or  violation  of  the  election  laws,  shall  be  privi- 
leged from  arrest  during  their  attendance  at  elections,  and  while  they 
are  going  to  and  returning  therefrom. 

Sec.  150.  Every  person  shall  be  disqualified  from  holding  any  office 
of  trust  or  profit  for  the  term  for  which  he  shall  have  been  elected, 
who  shall  be  convicted  of  having  given,  or  consented  to  the  giving, 
offer,  or  promise  of.  any  money  or  other  thing  of  value,  to  procure 
his  election,  or  to  influence  the  vote  of  any  voter  at  such  election  ; 
and  if  any  corporation  shall,  directly  or  indirectly,  offer,  promise,  or 
give,  or  shall  authorize,  directly  or  indirectly,  any  person  to  offer, 
promise,  or  give,  any  money  or  any  thing  of  value  to  influence  tlie 
result  of  any  election  in  this  State,  or  the  vote  of  any  voter  authorized 


250  CONSTITUTION  OF  KENTUCKY 

to  vote  therein,  or  who  shall  afterward  reimburse  or  compensate,  in 
any  manner  whatever,  any  person  who  shall  have  offered,  promised, 
or  given  any  money  or  other  thing  of  value  to  influence  the  result  of 
any  election  or  the  vote  of  any  such  voter,  such  corporation,  if  organ- 
ized under  the  laws  of  this  Commonwealth,  shall,  on  conviction  there- 
of, forfeit  its  charter  and  all  rights,  privileges,  and  immunities  there- 
under ;  and  if  chartered  by  another  State,  and  doing  business  in  this 
State,  whether  by  license  or  upon  mere  sufferance,  such  corporation, 
upon  conviction  of  either  of  the  offenses  aforesaid,  shall  forfeit  all 
right  to  carry  on  any  business  in  this  State  :  and  it  shall  be  the  duty 
of  the  General  Assembly  to  provide  for  the  enforcement  of  the  pro- 
visions of  this  section.  All  persons  shall  be  excluded  from  office  who 
have  been,  or  shall  hereafter  be.  convicted  of  a  felony,  or  of  such  high 
misdemeanor  as  may  be  prescribed  by  law  ;  but  such  disability  may 
be  removed  by  pardon  of  the  governor.  The  privilege  of  free  suf- 
frage shall  be  supported  by  laws  regulating  elections,  and  prohibiting, 
under  adequate  penalties,  all  undue  influence  thereon,  from  power, 
bribery,  tumult,  or  other  improper  practices. 

Sec.  151.  The  General  Assembly  shall  provide  suitable  means  for 
depriving  of  office  any  person  who,  to  procure  his  nomination  or  elec- 
tion, has,  in  his  canvass  or  election,  been  guilty  of  any  unlawful  use 
of  money,  or  other  thing  of  value,  or  has  been  guilty  of  fraud,  intimi- 
dation, bribery,  or  any  other  corrupt  practice  ;  and  he  shall  be  held 
responsible  for  acts  done  by  others  with  his  authority,  or  ratified  by 
him. 

Sec.  152.  Except  as  otherwise  provided  in  this  Constitution,  vacan- 
cies in  all  elective  offices  shall  be  filled  by  election  or  appointment,  as 
follows  :  if  the  unexpired  term  will  end  at  the  next  succeeding 
annual  election  at  which  either  city,  town,  county,  district,  or  State 
officers  are  to  be  elected,  the  office  shall  be  filled  by  appointment  for 
the  remainder  of  the  term  ;  if  the  unexpired  term  will  not  end  at  the 
next  succeeding  annual  election  at  which  either  city,  town,  county, 
district,  or  State  officers  are  to  be  elected,  and  if  three  months  inter- 
vene before  said  succeeding  annual  election  at  which  either  city,  town, 
county,  district,  or  State  officers  are  to  be  elected,  the  office  shall  be 
filled  by  appointment  until  said  election,  and  then  said  vacancy  shall 
be  filled  by  election  for  the  remainder  of  the  term  ;  'if  three  months 
do  not  intervene  between  the  happening  of  said  vacancy  and  the  next 
succeeding  election  at  which  city,  town,  county,  district,  or  State 
officers  are  to  be  elected,  the  office  shall  be  filled  by  appointment 
until  the  second  succeeding  annual  election  at  which  city,  town, 
county,  district,  or  State  officers  are  to  be  elected  ;  and  then,  if  any 
part  of  the  term  remains  unexpired,  the  office  shall  be  filled  by  elec- 
tion until  the  regular  time  for  the  election  of  officers  to  fill  said  offices. 
Vacancies  in  all  offices  for  the  State  at  large,  or  for  districts  larger 
than  a  county,  shall  be  filled  by  appointment  of  the  governor  :  all 
other  appointments  shall  he  made  as  m.ay  be  prescribed  by  law.  No 
person  shall  ever  be  appointed  a  member  of  the  General  Assembly, 
but  vacancies  therein  may  be  filled  at  a  special  election,  in  such  man- 
ner as  may  be  provided  by  law. 


CONSTITUTION  OF  KENTUCKY  251 

Sec.  153.  Except  as  otherwise  herein  expressly  provided,  the  Gen- 
eral Assembly  shall  have  power  to  provide  by  general  law  for  the 
manner  of  voting,  for  ascertaining  the  result  of  elections  and  making 
due  returns  thereof,  for  issuing  certificates  or  commissions  to  all  per- 
sons entitled  thereto,  and  for  the  trial  of  contested  elections. 

Sec.  154.  The  General  Assembly  shall  prescribe  such  laws  as  may 
be  necessary  for  the  restriction  or  prohibition  of  the  sale  or  gift  of 
spirituous,  vinous,  or  malt  liquors  on  election  days. 

Sec.  155.  The  provisions  of  sections  one  hundred  and  forty-five  to 
one  hundred  and  fifty-four,  inclusive,  shall  not  apply  to  the  election 
of  school  trustees  and  other  common  school  district  elections.  Said 
elections  shall  be  regulated  by  the  General  Assembly,  except  as  other- 
wise provided  in  this  Constitution. 

Municipalities. 

Sec.  156.  The  cities  and  towns  of  this  Commonwealth,  for  the 
purposes  of  their  organization  and  government,  shall  be  divided  into 
six  classes.  Tlie  organization  and  powers  of  each  class  shall  be 
defined  and  provided  for  by  general  laws,  so  that  all  municipal  cor- 
porations of  the  same  class  shall  possess  the  same  powers,  and  be 
subject  to  the  same  restrictions.  To  the  first  class  shall  belong  cities 
with  a  population  of  one  hundred  thousand  or  more  ;  to  the  second 
class,  cities  with  a  population  of  twenty  thousand  or  more,  and  less 
than  one  hundred  thousand  ;  to  the  third  class,  cities  with  a  popula- 
tion of  eight  thousand  or  more,  and  less  than  twenty  thousand  ;  to 
the  fourth  class,  cities  and  towns  with  a  population  of  three  thou- 
sand or  more,  and  less  than  eight  thousand  ;  to  the  fifth  class,  cities 
and  towns  with  a  population  of  one  thousand  or  more,  and  less  than 
three  thousand  ;  to  the  sixth  class,  towns  with  a  population  of  less 
than  one  thousand.  The  General  Assembly  shall  assign  the  cities 
and  towns  of  the  Commonwealth  to  the  classes  to  which  they  respec- 
tively belong,  and  change  assignments  made  as  the  population  of 
said  cities  and  towns  may  increase  or  decrease,  and,  in  the  absence  of 
other  satisfactory  information  as  to  their  population,  shall  be  gov- 
erned by  the  last  preceding  Federal  census  in  so  doing  ;  but  no  city 
or  town  shall  be  transferred  from  one  class  to  another,  except  in  pur- 
suance of  a  law  previously  enacted  and  providing  therefor.  The 
General  Assembly,  by  a  general  law,  shall  provide  how  towns  may  be 
organized,  and  enact  laws  for  the  government  of  such  towns  until  the 
same  are  assigned  to  one  or  the  other  of  the  classes  above  named  ; 
but  such  assignment  shall  be  made  at  the  first  session  of  the  General 
Assembly  after  the  organization  of  said  town  or  city. 

Sec.  157.  The  tax  rate  of  cities,  towns,  counties,  taxing  districts, 
and  other  municipalities,  for  other  than  school  purposes,  shall  not  at 
any  time  exceed  the  following  rates  upon  the  value  of  the  taxable 
property  therein  :  viz.,  for  all  towns  or  cities  having  a  population  of 
fifteen  thousand  or  more,  one  dollar  and  fifty  cents  on  the  hundred 
dollars  ;  for  all  towns  or  cities  having  less  than  fifteen  thousand  and 
not  less  than  ten  thousand,  one  dollar  on  the  hundred  dollars  ;  for  all 


252  CONSTITUTION   OF   KENTUCKY 

towns  or  cities  having  less  tlian  ten  thousand,  seventy-five  cents  on 
the  hundred  dollars  ;  and  for  counties  and  taxing  districts,  fifty  cents 
on  the  hundred  dollars  ;  unless  it  should  be  necessary  to  enable  such 
city,  town,  county,  or  taxing  district  to  pay  the  interest  on,  and  pro- 
vide a  sinking  fund  for  the  extinction  of,  indebtedness  contracted 
before  the  adoption  of  this  Constitution.  No  county,  city,  town,  tax- 
ing district,  or  other  municipality  shall  be  authorized  or  permitted  to 
become  indebted,  in  any  manner  or  for  any  purpose,  to  an  amount 
exceeding,  in  any  year,  the  income  and  revenue  provided  for  such 
year,  without  the  assent  of  two-thirds  of  the  voters  thereof,  voting  at 
an  election  to  be  held  for  that  purpose  ;  and  any  indebtedness  con- 
tracted in  violation  of  this  section  shall  be  void.  Nor  shall  such  con- 
tract be  enforceable  by  the  person  with  whom  made  ;  nor  shall  such 
municipality  ever  be  authorized  to  assume  the  same. 

Sec.  158.  The  respective  cities,  towns,  counties,  taxing  districts, 
and  municipalities  shall  not  be  authorized  or  permitted  to  incur  in- 
debtedness to  an  amount,  including  existing  indebtedness,  in  the 
aggregate  exceeding  the  following-named  maximum  percentages  on 
the  value  of  the  taxable  property  therein,  to  be  estimated  by  the  as- 
sessment next  before  the  last  assessment  previous  to  the  incurring  of 
the  indebtedness  :  viz.,  cities  of  the  first  and  second  classes,  and  of 
the  third  class  having  a  population  exceeding  fifteen  thousand,  ten  per 
centum  ;  cities  of  the  third  class  having  a  population  of  less  than  fifteen 
thousand,  and  cities  and  towns  of  the  fourth  class,  five  per  centum  ; 
cities  and  towns  of  the  fifth  and  sixth  classes,  three  per  centum  ;  and 
counties,  taxing  districts,  and  other  municipalities,  two  per  centum  : 
provided  any  city,  town,  county,  taxing  district,  or  other  municipality 
may  contract  an  indebtedness  in  excess  of  such  limitations,  when  the 
same  has  been  authorized  under  laws  in  force  prior  to  the  adoption  of 
this  Constitution,  or  when  necessary  for  the  ccmpletion  of  and  pay- 
ment for  a  public  improvement  undertaken  and  not  completed  and 
paid  for  at  the  time  of  the  adoption  of  this  Constitution  ;  and p7-ovided, 
further,  if,  at  the  time  of  the  adoption  of  this  Constitution,  the 
aggregate  indebtedness,  bonded  or  floating,  of  any  city,  town,  county, 
taxing  district,  or  other  municipality,  including  that  which  it  has  been 
or  may  be  authorized  to  contract  as  herein  provided,  shall  exceed  the 
limit  herein  prescribed,  then  no  such  city  or  town  shall  be  authorized 
or  permitted  to  increase  its  indebtedness  in  an  amount  exceeding  two 
per  centum,  and  no  such  county,  taxing  district,  or  other  municipality, 
in  an  amount  exceeding  one  per  centum,  in  the  aggregate  upon  the 
value  of  the  taxable  property  therein,  to  be  ascertained  as  tterein  pro- 
vided, until  the  aggregate  of  its  indebtedness  shall  have  been  reduced 
below  the  limit  herein  fixed  ;  and  thereafter  it  shall  not  exceed  the 
limit,  unless  in  case  of  emergency  the  public  health  or  safety  should 
so  require.  Nothing  herein  shall  prevent  the  issue  of  renewal  bonds, 
or  bonds  to  fund  the  floating  indebtedness  of  any  city,  town,  county, 
taxing  district,  or  other  municipality. 

Sec.  159.  Whenever  any  county,  city,  town,  taxing  district,  or  other 
municipality  is  authorized  to  contract  an  indebtedness,  it  shall  be  re- 
quired at  the  same  time  to  provide  for  the  collection  of  an  annual  tax 


CONSTITUTION   OF   KEXIUCKY  253 

sufficient  to  pay  the  interest  on  said  indebtedness,  and  to  create  a 
sinking  fund  for  the  payment  of  the  principal  thereof,  within  not 
more  than  forty  years  from  the  time  of  contracting  the  same. 

Sec.  160.  The  mayor  or  chief  executive,  police  judges,  members  of 
legislative  boards  or  councils  of  towns  and  cities,  shall  be  elected  by 
the  qualified  voters  thereof  :  provided  the  mayor  or  chief  executive 
and  police  judges  of  the  towns  of  the  fourth,  fifth,  and  sixth  classes 
may  be  appointed  or  elected  as  provided  by  law.  The  terms  of  office 
of  mayors  or  chief  executives  and  police  judges  shall  be  four  years,  and 
until  their  successors  shall  be  qualified  ;  and  of  members  of  legisla- 
tive boards,  two  years.  When  any  city  of  the  first  or  second  class  is 
divided  into  wards  or  districts,  members  of  legislative  boards  shall  be 
elected  at  large  by  the  qualified  voters  of  said  city,  but  so  selected 
that  an  equal  proportion  thereof  shall  reside  in  each  of  the  said  wards 
or  districts  ;  but  when  in  any  city  of  the  first,  second,  or  third  class, 
there  are  two  legislative  boards,  the  less  numerous  shall  be  selected 
from  and  elected  by  the  voters  at  large  of  said  city  ;  but  other  officers 
of  towns  or  cities  shall  be  elected  by  the  qualified  voters  therein,  or 
appointed  by  the  local  authorities  thereof,  as  the  General  Assembly 
may,  by  a  general  law,  provide  ;  but  when  elected  by  the  voters  of  a 
town  or  city,  their  terms  of  office  shall  be  four  years,  and  until  their 
successors  shall  be  qualified.  No  mayor  or  chief  executive  or  fiscal 
officer  of  any  city  of  the  first  or  second  class,  after  the  expiration  of 
the  term  of  office  to  which  he  has  been  elected  under  this  Constitution, 
shall  be  eligible  for  the  succeeding  term.  "Fiscal  officer"  shall  not 
include  an  auditor  or  assessor,  or  any  other  officer  whose  chief  duty  is 
not  the  collection  or  holding  of  public  moneys.  The  General  Assem- 
bly shall  prescribe  the  qualifications  of  all  officers  of  towns  and  cities, 
the  manner  in  and  causes  for  which  they  may  be  removed  from  office, 
and  how  vacancies  in  such  offices  may  be  filled. 

Sec.  161.  The  compensation  of  any  city,  county,  town,  or  munici- 
pal officer  shall  not  be  changed  after  his  election  or  appointment,  or 
during  his  term  of  office  ;  nor  shall  the  term  of  any  such  officer  be 
extended  beyond  the  period  for  which  he  may  have  been  elected  or 
appointed. 

Sec.  162.  No  county,  city,  town,  or  other  municipality  shall  ever 
be  authorized  or  permitted  to  pay  any  claim  created  against  it.  under 
any  agreement  or  contract  made  without  express  authority  of  law, 
and  all  such  unauthorized  agreements  or  contracts  shall  be  null  and 
void. 

Sec.  163.  No  street  railway,  gas,  water,  steam-heating,  telephone, 
or  electric-light  company,  within  a  city  or  town,  shall  be  permitted 
or  authorized  to  construct  its  tracks,  lay  its  pipes  or  mains,  or  erect 
its  poles,  posts,  or  other  apparatus  along,  over,  under,  or  across  the 
streets,  alleys,  or  public  grounds  of  a  city  or  town,  without  the  con- 
sent of  the  proper  legislative  bodies  or  boards  of  such  city  or  town 
being  first  obtained  ;  but  when  charters  have  been  heretofore  granted 
conferring  such  rights,  and  work  has  in  good  faith  been  begun  there- 
under, the  provisions  of  this  section  shall  not  apply. 

Sec.  164.   No  county,  city,  town,  taxing  district,  or  other  munici- 


254  CONSTITUTION  OF  KENTUCKY 

pality  shall  be  authorized  or  permitted  to  grant  any  franchise  or  privi- 
lege, or  make  any  contract  in  reference  thereto,  for  a  term  exceeding 
twenty  years.  Before  granting  such  franchise  or  privilege  for  a  term 
of  years,  such  municipality  shall  first,  after  due  advertisement,  re- 
ceive bids  therefor  publicly,  and  award  the  same  to  the  highest  and 
best  bidder  ;  but  it  shall  have  the  right  to  reject  any  or  all  bids. 
This  section  shall  not  apply  to  a  trunk  railway. 

Sec.  165.  No  person  shall  at  the  same  time  be  a  State  officer  or 
a  deputy  officer,  or  member  of  the  General  Assembly,  and  an  officer 
of  any  county,  city,  town,  or  other  municipality,  or  an  employee 
thereof;  and  no  person  shall  at  the  same  time  fill  two  municipal  offices, 
either  in  the  same  or  different  municipalities,  except  as  may  be  other- 
wise provided  in  this  Constitution;  but  a  notary  public,  or  an  officer  of 
the  militia,  shall  not  be  ineligible  to  hold  any  other  office  mentioned 
in  this  section. 

Sec.  166.  All  acts  of  incorporation  of  cities  and  towns  heretofore 
granted,  and  all  amendments  thereto,  except  as  provided  in  section 
one  hundred  and  sixty-seven,  shall  continue  in  force  under  this  Con- 
stitution ;  and  all  city  and  police  courts  established  in  any  city  or 
town  shall  remain,  with  their  present  powers  and  jurisdictions,  until 
such  time  as  the  General  Assembly  shall  provide  by  general  laws  for 
the  government  of  towns  and  cities,  and  the  officers  and  courts  there- 
of, but  not  longer  than  four  years  from  and  after  the  first  day  of 
January,  one  thousand  eight  hundred  and  ninety-one,  within  which 
time  the  General  Assembly  shall  provide  by  general  laws  for  the  gov- 
ernment of  towns  and  cities,  and  the  officers  and  courts  thereof,  as 
provided  in  this  Constitution. 

Sec.  167.  All  city  and  town  officers  in  this  State  shall  be  elected 
or  appointed  as  provided  in  the  charter  of  each  respective  town  and 
city,  until  the  general  election  in  November,  1893,  and  until  their 
successors  shall  be  elected  and  qualified,  at  which  time  the  terms  of 
all  such  officers  shall  expire  ;  and  at  that  election,  and  thereafter  as 
their  terms  of  office  may  expire,  all  officers  required  to  be  elected  in 
cities  and  towns  by  this  Constitution,  or  by  general  laws  enacted 
in  conformity  to  its  provisions,  shall  be  elected  at  the  general  elec- 
tions in  November,  but  only  in  the  odd  years,  except  members  of 
municipal  legislative  boards,  who  may  be  elected  either  in  the  even 
or  odd  years,  or  part  in  the  even  and  part  in  the  odd  years  :  provided 
that  the  terms  of  office  of  police  judges  who  were  elected  for  four 
years  at  the  August  election,  eighteen  hundred  and  ninety,  shall 
expire  August  thirty-first,  eighteen  hundred  and  ninety-four,  and  the 
terms  of  police  judges  elected  in  November,  eighteen  hundred  and 
ninety-three,  shall  begin  September  first,  eighteen  hundred  and 
ninety-four,  and  continue  until  the  November  election,  eighteen 
hundred  and  ninety-seven,  and  until  their  successors  are  elected  and 
qualified. 

Sec.  16S.  No  municipal  ordinance  shall  fix  a  penalty  for  a  violation 
thereof  at  less  than  that  imposed  by  statute  for  the  same  offense.  A 
conviction  or  acquittal  under  either  shall  constitute  a  bar  to  another 
prosecution  for  the  same  offense. 


CONSTITUTION   OF  KENTUCKY  255 


Revenue  and  Taxation. 

Sec.  169.  The  fiscal  year  shall  commence  on  the  first  day  of  July 
in  each  year,  unless  otherwise  provided  by  law. 

Sec.  170.  There  shall  be  exempt  from  taxation  public  property  used 
for  public  purposes ;  places  actually  used  for  religious  worship,  with 
the  grounds  attached  thereto  and  used,  and  appurtenant  to  the  house 
of  worship,  not  exceeding  one-half  acre  in  cities  or  towns,  and  not 
exceeding  two  acres  in  the  country  ;  places  of  burial  not  held  for 
private  or  corporate  profit,  institutions  of  purely  public  charity,  and 
institutions  of  education  not  used  or  employed  for  gain  by  any  per- 
son or  corporation,  and  the  income  of  which  is  devoted  solely  to  the 
cause  of  education  ;  public  libraries,  their  endowments,  and  the  in- 
come of  such  property  as  is  used  exclusively  for  their  maintenance  ; 
all  parsonages  or  residences  owned  by  any  religious  society,  and  occu- 
pied as  a  home,  and  for  no  other  purpose,  by  the  minister  of  any 
religion,  with  not  exceeding  one-half  acre  of  ground  in  towns  and 
cities,  and  two  acres  of  ground  in  the  country,  appurtenant  thereto  ; 
household  goods  and  other  personal  property  of  a  person  with  a  fam- 
ily, not  exceeding  two  hundred  and  fifty  dollars  in  value  ;  crops  grown 
in  the  year  in  which  the  assessment  is  made,  and  in  the  hands  of  the 
producer  ;  and  all  laws  exempting  or  commuting  property  from  taxa- 
tion other  than  the  property  above  mentioned  shall  be  void.  The 
General  Assembly  may  authorize  any  incorporated  city  or  town  to 
exempt  manufacturing  establishments  from  municipal  taxation, 
for  a  period  not  exceeding  five  years,  as  an  inducement  to  their 
location. 

Sec.  171.  The  General  Assembly  shall  provide  by  law  an  annual 
tax,  which,  with  other  resources,  shall  be  sufficient  to  defray  the  esti- 
mated expenses  of  the  Commonwealth  for  each  fiscal  year.  Taxes 
shall  be  levied  and  collected  for  public  purposes  only.  They  shall 
be  uniform  upon  all  property  subject  to  taxation  within  the  territorial 
limits  of  the  authority  levying  the  tax  ;  and  all  taxes  shall  be  levied 
and  collected  by  general  laws. 

Sec.  172.  All  property  not  exempted  from  taxation  by  this 
Constitution  shall  be  assessed  for  taxation  at  its  fair  cash  value, 
estimated  at  the  price  it  would  bring  at  a  fair  voluntary  sale  ;  and 
any  officer,  or  other  person  authorized  to  assess  values  for  taxation, 
who  shall  commit  any  willful  error  in  the  performance  of  his  duty, 
shall  be  deemed  guilty  of  misfeasance,  and  upon  conviction  thereof 
shall  forfeit  his  office,  and  be  otherwise  punished  as  may  be  provided 
by  law. 

Sec.  173.  The  receiving,  directly  or  indirectly,  by  any  officer  of 
the  Commonwealth,  or  of  any  county,  city,  or  town,  or  member  or 
officer  of  the  General  Assembly,  of  any  interest,  profit,  or  perquisites 
arising  from  the  use  or  loan  of  public  funds  in  his  hands,  or  moneys 
to  be  raised  through  his  agency  for  State,  city,  town,  district,  or 
county  purposes,  shall  be  deemed  a  felony.  Said  offense  shall  be 
punished  as  may  be  prescribed  by  law,  a  part  of  which  punishment 
shall  be  disqualification  to  hold  office. 


256 


CONSTITUTION   OF  KENTUCKY 


Sec.  174.  All  property,  whether  owned  by  natural  persons  or 
corporations,  shall  be  taxed  in  proportion  to  its  value,  unless  ex- 
empted by  this  Constitution  ;  and  all  corporate  property  shall  pay 
the  same  rate  of  taxation  paid  by  individual  property.  Nothing  in 
this  Constitution  shall  be  construed  to  prevent  the  General  Assem- 
bly from  providing  for  taxation  based  on  income,  licenses,  or  fran- 
chises. 

Sec.  175.  The  power  to  tax  property  shall  not  be  surrendered  or 
suspended  by  any  contract  or  grant  to  which  the  Commonwealth 
shall  be  a  party. 

Sec.  176.  The  Commonwealth  shall  not  assume  the  debt  of  any 
county,  municipal  corporation,  or  political  subdivision  of  the  State, 
unless  such  debt  shall  have  been  contracted  to  defend  itself  in  time 
of  war,  to  repel  invasion,  or  to  suppress  insurrection. 

Sec.  177.  The  credit  of  the  Commonwealth  shall  not  be  given, 
pledged,  or  loaned  to  any  individual,  company,  corporation,  or  asso- 
ciation, municipality,  or  political  subdivision  of  the  State,  nor  shall 
the  Commonwealth  become  an  owner  or  stockholder  in,  nor  make 
donation  to.  any  company,  association,  or  corporation  ;  nor  shall 
the  Commonwealth  construct  a  railroad  or  other  highway. 

Sec.  178.  All  laws  authorizing  the  borrowing  of  money  by  and  on 
behalf  of  the  Commonwealth,  county,  or  other  political  subdivis- 
ion of  the  State,  shall  specify  the  purpose  for  which  the  money  is 
to  be  used,  and  the  money  so  borrowed  shall  be  used  for  no  other 
purpose. 

Sec.  179.  The  General  Assembly  shall  not  authorize  any  county 
or  subdivision  thereof,  city,  town,  or  incorporated  district,  to  become 
a  stockholder  in  any  company,  association,  or  corporation,  or  to 
obtain  or  appropriate  money  for,  or  to  loan  its  credit  to,  any  corpo- 
ration, association,  or  individual,  except  for  the  purpose  of  construct- 
ing or  maintaining  bridges,  turnpike  roads,  or  gravel  roads  :  provided, 
if  any  municipal  corporation  shall  offer  to  the  Commonwealth  any 
property  or  money  for  locating  or  building  a  Capitol,  and  the  Com- 
monwealth accepts  such  offer,  the  corporation  may  comply  with  the 
offer. 

Sec.  180.  The  General  Assembly  may  authorize  the  counties, 
cities,  or  towns  to  levy  a  poll-tax  not  exceeding  on^  dollar  and  fifty 
cents  per  head.  Every  act  enacted  by  the  General  Assembly,  and 
every  ordinance  and  resolution  passed  by  any  county,  city,  town,  or 
municipal  board  or  local  legislative  body,  levying  a  tax,  shall  specify 
distinctly  the  purpose  for  which  said  tax  is  levied  ;  and  no  tax 
levied  and  collected  for  one  purpose  shall  ever  be  devoted  to  another 
purpose. 

bEC.  iSr.  The  General  Assembly  shall  not  impose  taxes  for  the 
purposes  of  any  county,  city,  town,  or  other  municipal  corporation, 
but  may  by  general  laws  confer  on  the  proper  authorities  thereof, 
respectively,  the  power  to  assess  and  collect  such  taxes.  The  Gen- 
eral Assembly  may,  by  general  laws  only,  provide  for  the  payment  of 
license  fees  on  franchises,  stock  used  for  breeding  purposes,  the  vari- 
ous trades,  occupations,  and  professions,  or  a  special  or  excise  tax, 


CONSTITUTION   OF   KENTUCKY  25/ 

and  may  by  general  laws  delegate  the  power  to  counties,  towns, 
cities,  and  other  municipal  corporations,  to  impose  and  collect  license 
fees  on  stock  used  for  breeding  purposes,  on  franchises,  trades,  occu- 
pations, and  professions. 

Sec.  182.  Nothing  in  this  Constitution  shall  be  construed  to  pre- 
vent the  General  Assembly  from  providing  by  law  how  railroads  and 
railroad  property  shall  be  assessed,  and  how  taxes  thereon  shall  be 
collected  ;  and  until  otherwise  provided,  the  present  law  on  said 
subject  shall  remain  in  force. 

Education. 

Sec.  183.  The  General  Assembly  shall  by  appropriate  legislation 
provide  for  an  efficient  system  of  conimon  schools  throughout  the 
State. 

Sec.  184.  The  bond  of  the  Commonwealth,  issued  in  favor  of  the 
Board  of  Education  for  the  sum  of  one  million  three  hundred  and 
twenty-seven  thousand  dollars,  shall  constitute  one  bond  of  the  Com- 
monwealth in  favor  of  the  Board  of  Education;  and  this  bond  and  the 
seventy-three  thousand  five  hundred  dollars  of  the  stock  in  the  Bank  of 
Kentucky,  held  by  the  Board  of  Education,  and  its  proceeds,  shall  be 
held  inviolate  for  the  purpose  of  sustaining  the  system  of  common 
schools.  The  interest  and  dividends  of  said  fund,  together  with  any 
sum  which  may  be  produced  by  taxation  or  otherwise  for  purposes  of 
common  school  education,  shall  be  appropriated  to  the  common  schools, 
and  to  no  other  purpose.  No  sum  shall  be  raised  or  collected  for  edu- 
cation other  than  in  common  schools  until  the  question  of  taxation  is 
submitted  to  the  legal  voters,  and  the  majority  of  the  votes  cast  at  said 
election  shall  be  in  favor  of  such  taxation  :  p7'ovided  the  tax  now  im- 
posed for  educational  purposes,  and  for  the  endowment  and  mainte- 
nance of  the  Agricultural  and  Mechanical  College,  shall  remain  until 
changed  by  law. 

Sec.  185.  The  General  Assembly  shall  make  provision  by  law  for 
the  payment  of  the  interest  of  said  school  fund,  and  may  provide  for 
the  sale  of  the  stock  in  the  Bank  of  Kentucky ;  and  in  case  of  a  'sale 
of  all  or  any  part  of  said  stock,  the  proceeds  of  sale  shall  be  in- 
vested by  the  sinking-fund  commissioners  in  other  good  interest-bear- 
ing stocks  or  bonds,  which  shall  be  subject  to  sale  and  reinvestment 
from  time  to  time,  in  like  manner  and  with  the  same  restrictions  as 
provided  with  reference  to  the  sale  of  the  said  stock  in  the  Bank  of 
Kentucky. 

Sec.  186.  Each  county  in  the  Commonwealth  shall  be  entitled  to 
its  proportion  of  the  school  fund  on  its  census  of  pupil  children  for 
each  school  year  ;  and  if  \\\<i  pro  rata  share  of  any  school  district  be 
not  called  for  after  the  second  school  year,  it  shall  be  covered  into  the 
treasury,  and  be  placed  to  the  credit  of  the  school  fund  for  general 
apportionment  the  following  school  year.  The  surplus  now  due  the 
several  counties  shall  remain  a  perpetual  obligation  against  the  Com- 
monwealth for  the  benefit  of  said  respective  counties,  for  which  the 
Commonwealth  shall  execute  its  bond,  bearing  interest  at  the  rate  of 
KENT.  HIST. —  17 


258  CONSTITUTION  OF  KENTUCKY 

six  per  centum  per  annum,  payable  annually  to  the  counties  respec- 
tively entitled  to  the  same,  and  in  the  proportion  to  which  they  are 
entitled,  to  be  used  exclusively  in  aid  of  common  schools. 

Sec.  187.  In  distributing  the  school  fund,  no  distinction  shall  be 
made  on  account  of  race  or  color,  and  separate  sciiools  for  white  and 
colored  children  shall  be  maintained. 

Sec.  188.  So  much  of  any  moneys  as  may  be  received  by  the  Com- 
monwealth from  the  United  States  under  the  recent  act  of  Congress 
refunding  the  direct  tax  shall  become  a  part  of  the  school  fund,  and 
be  held  as  provided  in  section  one  hundred  and  eighty-four  ;  but  the 
General  Assembly  may  authorize  the  use,  by  the  Commonwealth,  of 
the  moneys  so  received,  or  any  part  thereof,  in  which  event  a  bond 
shall  be  executed  to  the  Board  of  Education  for  the  amount  so  used, 
which  bond  shall  be  held  on  the  same  terms  and  conditions,  and  sub- 
ject to  the  provisions  of  section  one  hundred  and  eighty-four,  con- 
cerning the  bond  therein  referred  to. 

Sec.  189.  No  portion  of  any  fund  or  tax  now  existing,  or  that  may 
hereafter  be  raised  or  levied,  for  educational  purposes,  shall  be  appro- 
priated to,  or  used  by,  or  in  aid  of,  any  church,  sectarian,  or  denom- 
inational school. 

Corporations. 

Sec.  igo.  No  corporation  in  existence  at  the  time  of  the  adoption 
of  this  Constitution  shall  have  the  benefit  of  future  legislation  with- 
out first  filing  in  the  office  of  the  secretary  of  state  an  acceptance  of 
the  provisions  of  this  Constitution. 

Sec.  191.  All  existing  charters  or  grants  of  special  or  exclusive 
privileges,  under  which  a  bona  fide  organization  shall  not  have  taken 
place,  and  business  been  commenced  in  good  faith  at  the  time  of 
the  adoption  of  this  Constitution,  shall  thereafter  be  void  and  of  no 
effect. 

Sec.  192.  No  corporation  shall  engage  in  business  other  than  that 
expressly  authorized  by  its  charter,  or  the  law  under  which  it  may  have 
been  or  hereafter  may  be  organized,  nor  shall  it  hold  any  real  estate, 
except  such  as  may  be  proper  and  necessary  for  carrying  on  its  legiti- 
mate business,  for  a  longer  period  than  five  years,  under  penalty  of 
escheat. 

Sec.  193.  No  corporation  shall  issue  stock  or  bonds  except  for  an 
equivalent  in  money  paid  or  labor  done,  or  property  actually  received 
and  applied  to  the  purposes  for  which  such  corporation  was  created  ; 
and  neither  labor  nor  property  shall  be  received  in  payment  of  stock 
or  bonds  at  a  greater  value  than  the  market  price  at  the  time  said 
labor  was  done  or  property  delivered  ;  and  all  fictitious  increase  of 
stock  or  indebtedness  shall  be  void. 

Sec.  194.  All  corporations  formed  under  the  laws  of  this  State,  or 
carrying  on  business  in  this  State,  shall  at  all  times  have  one  or  more 
known  places  of  business  in  this  State,  and  an  authorized  agent  or 
agents  there,  upon  whom  process  may  be  executed  ;  and  the  General 
Assembly  shall  enact  laws  to  carry  into  effect  the  provisions  of  this 
section. 


CONSTITUTION   OF  KENTUCKY  259 

Sec.  195.  The  Commonwealth,  in  the  exercise  of  the  right  of  emi- 
nent domain,  shall  have  and  retain  the  same  powers  to  take  the  prop- 
erty and  franchises  of  incorporated  companies  for  public  use  which 
it  has  and  retains  to  take  the  property  of  individuals  ;  and  the  ex- 
ercise of  the  police  powers  of  this  Commonwealth  shall  never  be 
abridged,  nor  so  construed  as  to  permit  corporations  to  conduct 
their  business  in  such  manner  as  to  infringe  upon  the  equal  rights  of 
individuals. 

Sec.  196.  Transportation  of  freight  and  passengers  by  railroad, 
steamboat,  or  other  common  carrier,  shall  be  so  regulated  by  general 
law  as  to  prevent  unjust  discrimination.  No  common  carrier  shall  be 
permitted  to  contract  for  relief  from  its  common  law  liability. 

Sec.  197.  No  railroad,  steamboat,  or  other  common  carrier,  under 
heavy  penalty  to  be  fixed  by  the  General  Assembly,  shall  give  a  free 
pass  or  passes,  or  shall,  at  reduced  rates  not  common  to  the  public, 
sell  tickets  for  transportation  to  any  State,  district,  city,  town,  or 
county  officer,  or  member  of  the  General  Assembly,  or  judge ;  and 
any  State,  district,  city,  town,  or  county  officer,  or  member  of  the 
General  Assembly,  or  judge,  who  shall  accept  or  use  a  free  pass  or 
passes,  or  shall  receive  or  use  tickets  or  transportation  at  reduced 
rates  not  common  to  the  public,  shall  forfeit  his  office.  It  shall  be 
the  duty  of  the  General  Assembly  to  enact  laws  to  enforce  the  pro- 
visions of  this  section. 

Sec.  198.  It  shall  be  the  duty  of  the  General  Assembly  from  time 
to  time,  as  necessity  may  require,  to  enact  such  laws  as  may  be  nec- 
essary to  prevent  all  trusts,  pools,  combinations,  or  other  organiza- 
tions, from  combining  to  depreciate  below  its  real  value  any  article, 
or  to  enhance  the  cost  of  any  article  above  its  real  value. 

Sec.  199.  Any  association  or  corporation,  or  the  lessees  or  managers 
thereof,  organized  for  the  purpose,  or  any  individual,  shall  have  the 
right  to  construct  and  maintain  lines  of  telegraph  within  this  State, 
and  to  connect  the  same  with  other  lines  ;  and  said  companies  shall 
receive  and  transmit  each  other's  messages  without  unreasonable  delay 
or  discrimination,  and  all  such  companies  are  hereby  declared  to  be 
common  carriers,  and  subject  to  legislative  control.  Telephone  com- 
panies operating  exchanges  in  different  towns  or  cities,  or  other  pub- 
lic stations,  shall  receive  and  transmit  each  other's  messages  without 
unreasonable  delay  or  discrimination.  The  General  Assembly  shall, 
by  general  laws  of  uniform  operation,  provide  reasonable  regulations 
to  give  full  effect  to  this  section.  Nothing  herein  shall  be  construed 
to  interfere  with  the  rights  of  cities  or  towns  to  arrange  and  control 
their  streets  and  alleys,  and  to  designate  the  places  at  which,  and  the 
manner  in  which,  the  wires  of  such  companies  shall  be  erected  or  laid 
within  the  limits  of  such  city  or  town. 

Sec.  200.  If  any  railroad,  telegraph,  express,  or  other  corporation 
organized  under  the  laws  of  this  Commonwealth  shall  consolidate,  by 
sale  or  otherwise,  with  any  railroad,  telegraph,  express,  or  other  cor- 
poration organized  under  the  laws  of  any  other  State,  the  same  shall 
not  thereby  become  a  foreign  corporation  ;  but  the  courts  of  this 
Commonwealth  shall  retain  jurisdiction  over  that  part  of  the  corporate 


260  CONSTITUTION  OF  KENTUCKY 


property  within  the  Hmits  of  this  State  in  all  matters  which  may  arise, 
as  if  said  consolidation  had  not  taken  place. 

Sec.  20I.  No  railroad,  telegraph,  telephone,  bridge,  or  common 
carrier  company  shall  consolidate  its  capita!  stock,  franchises,  or  prop- 
erty, or  pool  its  earnings,  in  whole  or  in  part,  with  any  other  railroad, 
telegraph,  telephone,  bridge,  or  common  carrier  company,  owning  a 
parallel  or  competing  line  or  structure,  or  acquire  by  purchase,  lease, 
or  otherwise,  any  parallel  or  competing  line  or  structure,  or  operate 
the  same  ;  nor  shall  any  railroad  company  or  other  common  carrier 
combine  or  make  any  contract  with  the  owners  of  any  vessel  that 
leaves  or  makes  port  in  this  State,  or  with  any  common  carrier,  by 
which  combination  or  contract  the  earnings  of  one  doing  the  carrying 
are  to  be  shared  by  the  other  not  doing  the  carrying. 

Sec.  202.  No  corporation  organized  outside  the  limits  of  this  State 
shall  be  allowed  to  transact  business  within  the  State  on  more  favor- 
able conditions  than  are  prescribed  by  law  to  similar  corporations 
organized  under  the  laws  of  this  Commonwealth. 

Sec.  203.  No  corporation  shall  lease  or  alienate  any  franchise  so  as 
to  relieve  the  franchise  or  property  held  thereunder  from  the  liabilities 
of  the  lessor  or  grantor,  lessee  or  grantee,  contracted  or  incurred  in 
the  operation,  use,  or  enjoyment  of  such  franchise,  or  any  of  its  privi- 
leges. 

Sec.  204.  Any  president,  director,  manager,  cashier,  or  other  officer 
of  any  banking  institution  or  association  for  the  deposit  or  loan  of 
money,  or  any  individual  banker,  who  shall  receive  or  assent  to  the 
receiving  of  deposits  after  he  shall  have  knowledge  of  the  fact  that 
such  banking  institution  or  association  or  individual  banker  is  insol- 
vent, shall  be  individually  responsible  for  such  deposits  so  received, 
and  shall  be  guilty  of  felony,  and  subject  to  such  punishment  as  shall 
be  prescribed  by  law. 

Sec.  205.  The  General  Assembly  shall  by  general  laws  provide  for 
the  revocation  or  forfeiture  of  the  charters  of  all  corporations  guilty  of 
abuse  or  misuse  of  their  corporate  powers,  privileges,  or  franchises,  or 
whenever  said  corporations  become  detrimental  to  the  interest  and 
welfare  of  the  Commonwealth  or  its  citizens. 

Sec.  206.  All  elevators  or  storehouses  where  grain  or  other  property 
is  stored  for  a  compensation,  whether  the  property  stored  be  kept 
separate  or  not,  are  declared  to  be  public  warehouses,  subject  to  legis- 
lative control  ;  and  the  Ceneral  Assembly  shall  enact  laws  for  the 
inspection  of  grain,  tobacco,  and  other  produce,  and  for  the  protec- 
tion of  producers,  shippers,  and  receivers  of  grain,  tobacco,  and  other 
produce. 

Sec.  207.  In  all  elections  for  directors  or  managers  of  any  corpora- 
tion, each  shareholder  shall  have  the  right  to  cast  as  many  votes  in 
the  aggregate  as  he  shall  be  entitled  to  vote  in  said  company  under  its 
charter,  multiplied  by  the  number  of  directors  or  managers  to  be 
elected  at  such  election  ;  and  each  shareholder  may  cast  the  whole 
number  of  votes,  either  in  person  or  by  proxy,  for  one  candidate,  or 
distribute  such  votes  among  two  or  more  candidates  ;  and  such  direct- 
ors or  managers  shall  not  be  elected  in  any  other  manner. 


CONSTITUTION   OF  KENTUCKY  26 1 

Sec.  208.  The  word  "corporation"  as  used  in  this  Constitution 
shall  embrace  joint-stock  companies  and  associations. 

Railroads  and  Commerce. 

Sec.  2og.  A  commission  is  hereby  established,  to  be  known  as 
"  The  Railroad  Commission,"  which  shall  be  composed  of  three  com- 
missioners. During  the  session  of  the  General  Assembly  which  con- 
venes in  December,  eighteen  hundred  and  ninety-one,  and  before  the 
first  day  of  June,  eighteen  hundred  and  ninety-two,  the  governor 
shall  appoint,  by  and  with  the  advice  and  consent  of  the  Senate,  said 
three  commissioners,  one  from  each  superior  court  district  as  now  estab- 
lished ;  and  said  appointees  shall  take  their  office  at  the  expiration 
of  the  terms  of  the  present  incumbents.  The  commissioners  so 
appointed  shall  continue  in  office  during  the  term  of  the  present 
governor,  and  until  their  successors  are  elected  and  qualified.  At  the 
regular  election  in  eighteen  hundred  and  ninety-five,  and  every  four 
years  thereafter,  the  commissioners  shall  be  elected,  one  in  each 
superior  court  district,  by  the  quahfied  voters  thereof,  at  the  same 
time  and  for  the  same  term  as  the  governor.  No  person  shall  be 
eligible  to  said  office  unless  he  be,  at  the  time  of  his  election,  at  least 
thirty  years  of  age,  a  citizen  of  Kentucky  two  years,  and  a  resident 
of  the  district  from  which  he  is  chosen  one  year,  next  preceding  his 
election.  Any  vacancy  in  this  office  shall  be  filled  as  provided  in 
section  one  hundred  and  fifty-two  of  this  Constitution.  The  General 
Assembly  may  from  time  to  time  change  said  districts  so  as  to  equalize 
the  population  thereof,  and  may,  if  deemed  expedient,  require  that 
the  commissioners  be  all  elected  by  the  qualified  voters  of  the  State  at 
large  ;  and  if  so  required,  one  commissioner  shall  be  from  each  dis- 
trict. No  person  in  the  service  of  any  railroad  or  common  carrier 
company  or  corporation,  or  of  any  firm  or  association  conducting 
business  as  a  common  carrier,  or  in  any  wise  pecuniarily  interested  in 
such  company,  corporation,  firm,  or  association,  or  in  the  railroad 
business,  or  as  a  common  carrier,  shall  hold  such  office.  The  powers 
and  duties  of  the  railroad  commissioners  shall  be  regulated  by  law  ; 
and,  until  otherwise  provided  by  law,  the  commission  so  created  shall 
have  the  same  powers  and  jurisdiction,  perform  the  same  duties,  be 
subject  to  the  same  regulations,  and  receive  the  same  compensation, 
as  now  conferred,  prescribed,  and  allowed  by  law  to  the  existing  rail- 
road commissioners.  The  CJeneral  Assembly  may,  for  cause,  address 
any  of  said  commissioners  out  of  office  by  similar  proceedings  as  in 
the  case  of  judges  of  the  Court  of  Appeals  ;  and  the  General  Assem- 
bly shall  enact  laws  to  prevent  the  nonfeasance  and  misfeasance  in 
office  of  said  commissioners,  and  to  impose  proper  penalties  therefor. 

Sec.  210.  No  corporation  engaged  in  the  business  of  common 
carrier  shall,  directly  or  indirectly,  own,  manage,  operate,  or  engage  in, 
any  other  business  than  that  of  a  common  carrier,  or  hold,  own,  lease, 
or  acquire,  directly  or  indirectly,  mines,  factories,  or  timber,  except 
such  as  shall  be  necessary  to  carry  on  its  business  ;  and  the  General 


262  CONSTITUTION  OF  KENTUCKY 


Assembly  shall  enact  laws  to  give  effect  to  the  provisions  of  this 
section. 

Sec.  211.  No  railroad  corporation  organized  under  the  laws  of 
any  other  State,  or  of  the  United  States,  and  doing  business,  or  pro- 
posing to  do  business,  in  this  State,  shall  be  entitled  to  the  benefit  of 
the  right  of  eminent  domain,  or  have  power  to  acquire  the  right  of 
way  or  real  estate  for  depot  or  other  uses,  until  it  shall  have  become  a 
body  corporate  pursuant  to  and  in  accordance  with  the  laws  of  this 
Commonwealth. 

Sec.  212.  The  roUing  stock  and  other  movable  property  belonging 
to  any  railroad  corporation  or  company  in  this  State  shall  be  considered 
personal  property,  and  shall  be  liable  to  execution  and  sale  in  the 
same  manner  as  the  personal  property  of  individuals.  The  earnings 
of  any  railroad  company  or  corporation,  and  choses  in  action,  money 
and  personal  property  of  all  kinds  belonging  to  it,  in  the  hands  or 
under  the  control  of  any  officer,  agent,  or  employee  of  such  corpora- 
tion or  company,  shall  be  subject  to  process  of  attachment  to  the 
same  extent,  and  in  the  same  manner,  as  like  property  of  individuals 
when  in  the  hands  or  under  the  control  of  other  persons.  Any  such 
earnings,  choses  in  action,  money  or  other  personal  property,  may  be 
subjected  to  the  payment  of  any  judgment  against  such  corporation  or 
company  in  the  same  manner  and  to  the  same  extent  as  such  property 
of  individuals  in  the  hands  of  third  persons. 

Sec.  213.  All  railroad,  transfer,  belt  lines,  and  railway  bridge  com- 
panies, organized  under  the  laws  of  Kentucky,  or  operating,  maintain- 
ing, or  controlling  any  railroad,  transfer,  belt  lines,  or  bridges,  or 
doing  a  railway  business  in  this  State,  shall  receive,  transfer,  deliver, 
and  switch  empty  or  loaded  cars,  and  shall  move,  transport,  receive, 
load,  or  unloacl  all  the  freight  in  car-loads  or  less  quantities,  coming 
to  or  going  from  any  railroad,  transfer,  belt  line,  bridge,  or  siding 
thereon,  with  equal  promptness  and  dispatch,  and  without  any  dis- 
crimination as  to  charges,  preference,  drawback,  or  rebate  in  favor  of 
any  person,  corporation,  consignee,  or  consignor,  in  any  matter  as  to 
p-yment,  transportation,  handling,  or  delivery  ;  and  shall  so  receive, 
deliver,  transfer,  and  transport  all  freight  as  above  set  forth,  from 
and  to  any  point  where  there  is  a  physical  connection  between  the 
tracks  of  said  companies.  But  this  section  shall  not  be  construed  as 
requiring  any  such  common  carrier  to  allow  the  use  of  its  tracks  for 
the  trains  of  another  engaged  in  like  business. 

Sec.  214.  No  railway,  transfer,  belt  line,  or  railway  bridge  com- 
papy  shall  make  any  exclusive  or  preferential  contract  or  arrangement 
with  any  individual,  association,  or  corporation,  for  the  receipt,  trans- 
fer, delivery,  transportation,  handling,  care,  or  custody  of  any  freight, 
or  for  the  conduct  of  any  business  as  a  common  carrier. 

Sec.  215.  All  railway,  transfer,  belt  lines,  or  railway  bridge  com- 
panies shall  receive,  load,  unload,  transport,  haul,  deliver,  and  handle 
freight  of  the  same  class  for  all  persons,  associations,  or  corporations 
from  and  to  the  same  points  and  upon  the  same  conditions,  in  the 
same  manner  and  for  the  same  charges,  and  for  the  same  method 
of  payment. 


CONSTITUTION  OF  KENTUCKY  263 

Sec.  216.  All  railway,  transfer,  belt  lines,  and  railway  bridge  com- 
panies shall  allow  the  tracks  of  each  other  to  unite,  intersect,  and 
cross  at  any  point  where  such  union,  intersection,  and  crossing  is 
reasonable  or  feasible. 

Sec.  217.  Any  person,  association,  or  corporation,  willfully  or 
knowingly  violating  any  of  the  provisions  of  sections  two  hundred 
and  thirteen,  two  hundred  and  fourteen,  two  hundred  and  fifteen,  or  two 
hundred  and  sixteen,  shall,  upon  conviction  by  a  court  of  competent 
jurisdiction,  for  the  first  offense  be  fined  two  thousand  dollars  ;  for  the 
second  offense,  five  thousand  dollars  ;  and  for  the  third  offense,  shall 
thereupon,  ipso  facto,  forfeit  its  franchises,  privileges,  or  charter 
rights  ;  and  if  such  delinquent  be  a  foreign  corporation,  it  shall,  ipso 
facto,  forfeit  its  right  to  do  business  in  this  State  ;  and  the  attorney- 
general  of  the  Commonwealth  shall  forthwith,  upon  notice  of  the 
violation  of  any  of  said  provisions,  institute  proceedings  to  enforce 
the  provisions  of  the  aforesaid  sections. 

Sec.  218.  It  shall  be  unlawful  for  any  person  or  corporation  own- 
ing or  operating  a  railroad  in  this  State,  or  any  common  carrier,  to 
charge  or  receive  any  greater  compensation  in  the  aggregate  for  the 
transportation  of  passengers,  or  of  property  of  like  kind,  under  sub- 
stantially similar  circumstances  and  conditions,  for  a  shorter  than  for 
a  longer  distance  over  the  same  line,  in  the  same  direction,  the  shorter 
being  included  within  the  longer  distance  ;  but  this  shall  not  be  con- 
strued as  authorizing  any  common  carrier,  or  person  or  corporation, 
owning  or  operating  a  railroad  in  this  State,  to  receive  as  great  com- 
pensation for  a  shorter  as  for  a  longer  distance  :  proznded,  that,  upon 
application  to  the  railroad  commission,  such  common  carrier,  or  person, 
or  corporation  owning  or  operating  a  railroad  in  this  State,  may  in 
special  cases,  after  investigation  by  the  commission,  be  authorized  to 
charge  less  for  longer  than  for  shorter  distances  for  the  transportation 
of  passengers  or  property  ;  and  the  commission  may  from  time  to 
time  prescribe  the  extent  to  which  such  common  carrier  or  person,  or 
corporation  owning  or  operating  a  railroad  in  this  State,  may  be 
relieved  from  the  operations  of  this  section. 

The  Militia. 

Sec.  219.  The  militia  of  the  Commonwealth  of  Kentucky  shall 
consist  of  all  able-bodied  male  residents  of  the  State  between  the  ages  of 
eighteen  and  forty-five  years,  except  such  persons  as  may  be  exempted 
by  the  laws  of  the  State  or  of  the  United  States. 

Sec.  220.  The  General  Assembly  shall  provide  for  maintaining  an 
organized  militia,  and  may  exempt  from  military  service  persons 
having  conscientious  scruples  against  bearing  arms  ;  but  such  persons 
shall  pay  an  equivalent  for  such  exemption. 

Sec.  221.  The  organization,  equipment,  and  discipline  of  the  militia 
shall  conform  as  nearly  as  practicable  to  the  regulations  for  the 
government  of  the  armies  of  the  United  States. 

Sec.  222.  All  militia  officers  whose  appointment  is  not  herein 
otherwise  provided  for  shall  be  elected  by  persons  subject  to  military 


264  CONSTITUTION   OF  KENTUCKY 

duty  within  their  respective  companies,  battalions,  regiments,  or  other 
commands,  under  such  rules  and  regulations,  and  for  such  terms,  not 
exceeding  four  years,  as  the  General  Assembly  may  from  time  to  time 
direct  and  establish.  The  governor  shall  appoint  an  adjutant-general 
and  his  other  staff  officers;  the  generals  and  commandants  of  regiments 
and  battalions  shall  respectively  appoint  their  staff  officers  ;  and  the 
commandants  of  companies  shall,  subject  to  the  approval  of  their 
regimental  or  battalion  commanders,  appoint  their  non-commissioned 
officers.  The  governor  shall  have  power  to  fill  vacancies  that  may 
occur  in  elective  offices  by  granting  commissions,  which  shall  expire 
when  such  vacancies  have  been  filled  according  to  the  provisions  of 
this  Constitution. 

Sec.  223.  The  General  Assembly  shall  provide  for  the  safe-keeping 
of  the  public  arms,  military  records,  relics,  and  banners  of  the  Com- 
monwealth of  Kentucky. 

General  Provisions. 

Sec.  224.  The  General  Assembly  shall  provide  by  a  general  law 
what  officers  shall  execute  bond  for  the  faithful  discharge  of  their 
duties,  and  fix  the  liability  therein. 

Sec.  225.  No  armed  person  or  bodies  of  men  shall  be  brought  into 
this  State  for  the  preservation  of  the  peace  or  the  suppression  of  do- 
mestic violence,  except  upon  the  application  of  the  General  Assembly, 
or  of  the  governor  when  the  General  Assembly  may  not  be  in  session. 

vSec.  226.  Lotteries  and  gift  enterprises  are  forbidden,  and  no  privi- 
leges shall  be  granted  for  such  purposes,  and  none  shall  be  exercised,  and 
no  schemes  for  similar  purposes  shall  be  allowed.  The  General  Assem- 
bly shall  enforce  this  section  by  proper  penalties.  All  lottery  privi- 
leges or  charters  heretofore  granted  are  revoked. 

Sec.  227.  Judges  of  the  county  court,  justices  of  the  peace,  sheriffs, 
coroners,  surveyors,  jailers,  assessors,  county  attorneys,  and  constables 
shall  be  subject  to  indictment  or  prosecution  for  misfeasance  or  malfea- 
sance in  office,  or  willful  neglect  in  discharge  of  official  duties,  in  such 
mode  as  may  be  prescribed  by  law  ;  and  upon  conviction,  his  office  shall 
become  vacant,  but  such  officer  shall  have  the  right^  of  appeal  to 
the  Court  of  Appeals. 

Sec.  22S.  Members  of  the  General  Assembly  and  all  officers,  before 
they  enter  upon  the  execution  of  the  duties  of  their  respective  offices, 
and  all  members  of  the  bar  before  they  enter  upon  the  practice  of  their 
profession,  shall  take  the  following  oath  or  affirmation  :  "  I  do  solemnly 
swear  (or  affirm,  as  the  case  may  be)  that  I  will  support  the  Constitu- 
tion of  the  United  States  and  the  Constitution  of  this  Commonwealth, 
and  be  faithful  and  true  to  the  Commonwealth  of  Kentucky  so  long  as  I 
continue  a  citizen  thereof,  and  that  I  will  faithfully  execute,  to  the  best 
of  my  ability,  the  office  of according  to  law;  and  I  do  further  sol- 
emnly swear  (or  affirm)  that  since  the  adoption  of  the  present  Constitu- 
tion, I,  being  a  citizen  of  this  State,  have  not  fought  a  duel  with  deadly 
weapons  within  this  State  nor  out  of  it,  nor  have  I  sent  or  accepted  a 
challenge  to  fight  a  duel  with  deadly  weapons,  nor  have  I  acted  as 


CONSTITUTION   OF   KENTUCKY  265 

second  in  carrying  a  challenge,  nor  aided  or  assisted  any  person  thus 
offending,  so  help  me  God  !  " 

Sec.  229.  Treason  against  the  Commonwealth  shall  consist  only  in 
levying  war  against  it,  or  in  adhering  to  its  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of  treason  except  on  the 
testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  confession 
in  open  court. 

Sec.  230.  No  money  shall  be  drawn  from  the  State  treasury,  except 
in  pursuance  of  appropriations  made  by  law  ;  and  a  regular  statement 
and  account  of  the  receipts  and  expenditures  of  all  public  money  shall 
be  published  annually. 

Sec.  231.  The  General  Assembly  may  by  law  direct  in  what  manner 
and  in  what  courts  suits  may  be  brought  against  the  Commonwealth. 

Sec.  232.  The  manner  of  administering  an  oath  or  affirmation  shall 
be  such  as  is  most  consistent  with  the  conscience  of  the  deponent,  and 
shall  be  esteemed  by  the  General  Assembly  the  most  solemn  appeal  to 
God. 

Sec.  233.  All  laws  which,  on  the  first  day  of  June,  one  thousand 
seven  hundred  and  ninety-two,  were  in  force  in  the  State  of  Virginia, 
and  which  are  of  a  general  nature  and  not  local  to  that  State,  and  not 
repugnant  to  this  Constitution,  nor  to  the  laws  which  have  been  enacted 
by  the  General  Assembly  of  this  Commonwealth,  shall  be  in  force 
within  this  State  until  they  shall  be  altered  or  repealed  by  the  General 
Assembly. 

Sec.  234.  All  civil  officers  for  the  State  at  large  shall  reside  within 
the  State,  and  all  district,  county,  city,  or  town  officers  shall  reside 
within  their  respective  districts,  counties,  cities,  or  towns,  and  shall 
keep  their  offices  at  such  places  therein  as  may  be  required  by  law. 

Sec.  235.  The  salaries  of  public  officers  shall  not  be  changed 
during  the  terms  for  which  they  were  elected  ;  but  it  shall  be  the 
duty  of  the  General  Assembly  to  regulate,  by  a  general  law,  in  what 
cases  and  what  deductions  shall  be  made  for  neglect  of  official  duties. 
This  section  shall  apply  to  members  of  the  General  Assembly  also. 

Sec.  236.  The  General  Assembly  shall  by  law  prescribe  the  time 
when  the  several  officers  authorized  or  directed  by  this  Constitution 
to  be  elected  or  appointed  shall  enter  upon  the  duties  of  their 
respective  offices,  except  where  the  time  is  fixed  by  this  Constitution. 

Sec.  237.  No  member  of  Congress,  or  person  holding  or  exercising 
an  office  of  trust  or  profit  under  the  United  States,  or  any  of  them, 
or  under  any  foreign  power,  shall  be  eligible  to  hold  or  exercise  any 
office  of  trust  or  profit  under  this  Constitution,  or  the  laws  made  in 
pursuance  thereof. 

Sec.  238.  The  General  Assembly  shall  direct  by  law  how  persons 
who  now  are,  or  may  hereafter  become,  sureties  for  public  officers, 
may  be  relieved  of  or  discharged  from  suretyship. 

Sec.  239.  Any  person  who  shall,  after  the  adoption  of  this  Consti- 
tution, either  directly  or  indirectly,  give,  accept,  or  knowingly  carry, 
a  challenge  to  any  person  or  persons  to  fight  in  single  combat,  with  a 
citizen  of  this  State,  with  a  deadly  weapon,  either  in  or  out  of  the 
State,  shall  be  deprived  of  the  right  to  hold  any  office  of  honor  or 


266  CONSTITUTION  OF  KENTUCKY 

profit  in  this  Commonwealth  ;  and  if  said  acts,  or  any  of  them,  be 
committed  within  this  State,  the  person  or  persons  so  committing 
them  shall  be  further  punished  in  such  manner  as  the  General  Assem- 
bly may  prescribe  by  law. 

Sec.  240.  The  governor  shall  have  power,  after  five  years  from  the 
time  of  the  offense,  to  pardon  any  person  who  shall  have  participated 
in  a  duel  as  principal,  second,  or  otherwise,  and  to  restore  him  to  all 
the  rights,  privileges,  and  immunities  to  which  he  was  entitled  before 
such  participation.  Upon  presentation  of  such  pardon,  the  oath 
prescribed  in  section  two  hundred  and  twenty-eight  shall  be  varied  to 
suit  the  case. 

Sec.  241.  Whenever  the  death  of  a  person  shall  result  from  an 
injury  inflicted  by  negligence  or  wrongful  act,  then,  in  every  such 
case,  damages  may  be  recovered  for  such  death,  from  the  corpora- 
tions and  persons  so  causing  the  same.  Until  otherwise  provided  by 
law,  the  action  to  recover  such  damages  shall  in  all  cases  be  prosecuted 
by  the  personal  representative  of  the  deceased  person.  The  General 
Assembly  may  provide  how  the  recovery  shall  go,  and  to  whom 
belong  ;  and,  until  such  provision  is  made,  the  same  shall  form  part 
of  the  personal  estate  of  the  deceased  person. 

Sec.  242.  Municipal  and  other  corporations,  and  individuals  in- 
vested with  the  privilege  of  taking  private  property  for  public  use, 
shall  make  just  compensation  for  property  taken,  injured,  or  destroyed 
by  them  ;  which  compensation  shall  be  paid  before  such  taking,  or 
paid  or  secured,  at  the  election  of  such  corporation  or  individual, 
before  such  injury  or  destruction.  The  General  Assembly  shall  not 
deprive  any  person  of  an  appeal  from  any  preliminary  assessment  of 
damages  against  any  such  corporation  or  individual  made  by  commis- 
sioners or  otherwise  ;  and,  upon  appeal  from  such  preliminary  assess- 
ment, the  amount  of  such  damages  shall  in  'all  cases  be  determined  by 
a  jury,  according  to  the  course  of  the  common  law. 

Sec.  243.  The  General  Assembly  shall  by  law  fix  the  minimum 
ages  at  which  children  may  be  employed  in  places  dangerous  to  life  or 
health,  or  injurious  to  morals,  and  shall  provide  adequate  penalties  for 
violations  of  such  law. 

Sec.  244.  All  wage-earners  in  this  State  employed  in  factories, 
mines,  workshops,  or  by  corporations,  shall  be  paid  for  their  labor  in 
lawful  money.  The  General  Assembly  shall  prescribe  adequate  pen- 
alties for  violations  of  this  section. 

Sec.  245.  Upon  the  promulgation  of  this  Constitution,  the  governor 
shall  appoint  three  persons,  learned  in  the  law,  who  shall  be  commis- 
sioners to  revise  the  statute  laws  of  this  Commonwealth,  and  prepare 
amendments  thereto,  to  the  end  that  the  statute  laws  shall  conform  to 
and  effectuate  this  Constitution.  Such  revision  and  amendments  shall 
be  laid  before  the  ne.\t  General  Assembly  for  adoption  or  rejection, 
in  whole  or  in  part.  The  said  commissioners  shall  be  allowed  ten 
dollars  each  per  day  for  their  services,  and  also  necessary  stationery 
for  the  time  during  which  they  are  actually  employed  ;  and  upon  their 
certificate  the  auditor  shall  draw  his  warrant  upon  the  treasurer. 
They  shall  have  the  power  to  employ  clerical  assistants,  at  a  compen- 


CONSTITUTION   OF   KENTUCKY  267 

sation  not  exceeding  ten  dollars  per  day  in  the  aggregate.  If  the  com- 
missioners, or  any  of  them,  shall  refuse  to  act,  era  vacancy  shall  oc- 
cur, the  governor  shall  appoint  another  or  others  in  his  or  their  place. 

Sec.  246.  No  public  officer,  except  the  governor,  shall  receive  more 
than  five  thousand  dollars  per  annum  as  compensation  for  official  ser- 
vices, independent  of  the  compensation  of  legally  authorized  deputies 
and  assistants,  which  shall  be  fixed  and  provided  for  by  law.  The 
General  Assembly  shall  provide  for  the  enforcement  of  this  section  by 
suitable  penalties,  one  of  which  shall  be  forfeiture  of  office  by  any 
person  violating  its  provisions. 

Sec.  247.  The  printing  and  binding  of  the  laws,  journals,  depart- 
ment reports,  and  all  other  public  printing  and  binding,  shall  be  per- 
formed under  contract,  to  be  given  to  the  lowest  responsible  bidder, 
below  such  maximum  and  under  such  regulations  as  may  be  prescribed 
by  law.  No  member  of  the  General  Assembly,  or  officer  of  the  Com- 
monwealth, shall  be  in  any  way  interested  in  any  such  contract  ;  and 
all  such  contracts  shall  be  subject  to  the  approval  of  the  governor. 

Sec.  248.  A  grand  jury  shall  consist  of  twelve  persons,  nine  of 
whom,  concurring,  may  find  an  indictment.  In  civil  and  misdemeanor 
cases,  in  courts  inferior  to  the  circuit  courts,  a  jury  shall  consist  of  six 
persons.  The  General  Assembly  may  provide,  that,  in  any  or  all  trials 
of  civil  actions  in  the  circuit  courts,  three-fourths  or  more  of  the  jurors 
concurring  may  return  a  verdict,  which  shall  have  the  same  force  and 
effect  as  if  rendered  by  the  entire  panel  ;  but  where  a  verdict  is  ren- 
dered by  a  less  number  than  the  whole  jury,  it  shall  be  signed  by  all 
the  jurors  who  agree  to  it. 

Sec.  249.  The  House  of  Representatives  of  the  General  Assembly 
shall  not  elect,  appoint,  employ,  or  pay  for,  exceeding  one  chief 
clerk,  one  assistant  clerk,  one  enrolling  clerk,  one  sergeant-at-arms, 
one  door-keeper,  one  janitor,  two  cloak-room  keepers,  and  four  pages  ; 
and  the  Senate  shall  not  elect,  appoint,  employ,  or  pay  for,  exceeding 
one  chief  clerk,  one  assistant  clerk,  one  enrolling  clerk,  one  sergeant- 
at-arms,  one  door-keeper,  one  janitor,  one  cloak-room  keeper,  and  three 
pages  ;  and  the  General  Assembly  shall  provide  by  general  law  for 
fixing  the  per  diem  or  salary  of  all  of  said  employees. 

Sec.  250.  It  shall  be  the  duty  of  the  General  Assembly  to  enact 
such  laws  as  shall  be  necessary  and  proper  to  decide  differences  by 
arbitrators,  the  arbitrators  to  be  appointed  by  the  parties  who  may 
choose  that  summary  mode  of  adjustment. 

Sec.  251.  No  action  shall  be  maintained  for  possession  of  any 
lands  lying  within  this  State,  where  it  is  necessary  for  the  claimant  to 
rely  for  his  recovery  on  any  grant  or  patent  issued  by  the  Common- 
wealth of  Virginia,  or  by  the  Commonwealth  of  Kentucky  prior  to  the 
year  one  thousand  eight  hundred  and  twenty,  against  any  person 
claiming  such  lands  by  possession  to  a  well-defined  boundary,  under  a 
title  of  record,  unless  such  action  shall  be  instituted  within  five  years 
after  this  Constitution  shall  go  into  effect,  or  within  five  years  after  the 
occupant  may  take  possession  ;  but  nothing  herein  shall  be  construed 
to  affect  any  right,  title,  or  interest  in  lands  acquired  by  virtue  of 
adverse  possession  under  the  laws  of  this  Commonwealth. 


268  CONSTITUTION  OF  KENTUCKY 


Sec.  252.  It  shall  be  the  duty  of  the  General  Assembly  to  provide 
by  law,  as  soon  as  practicable,  for  the  establishment  and  maintenance 
of  an  institution  or  institutions  for  the  detention,  correction,  instruc- 
tion, and  reformation  of  all  persons  under  the  age  of  eighteen  years, 
convicted  of  such  felonies  and  such  misdemeanors  as  may  be  desig- 
nated by  law.  .Said  institution  shall  be  known  as  the  "  House  of 
Reform." 

Sec.  253.  Persons  convicted  of  felony  and  sentenced  to  confinement 
in  the  penitentiary  shall  be  confined  at  labor  within  the  walls  of  the 
penitentiary  ;  and  the  General  Assembly  shall  not  have  the  power  to 
authorize  employment  of  convicts  elsewhere,  except  upon  the  public 
works  of  the  Commonwealth  of  Kentucky,  or  when,  during  pestilence 
or  in  case  of  the  destruction  of  the  prison  buildings,  they  cannot  be 
confined  in  the  penitentiary. 

Sec.  254.  The  Commonwealth  shall  maintain  control  of  the  disci- 
pline, and  provide  for  all  supplies,  and  for  the  sanitary  condition  of 
the  convicts,  and  the  labor  only  of  convicts  may  be  leased. 

Sec.  255.  The  seat  of  government  shall  continue  in  the  city  of 
Frankfort,  unless  removed  by  a  vote  of  two-thirds  of  each  House  of 
the  first  (General  Assembly  which  convenes  after  the  adoption  of  this 
Constitution. 

Mode  of  Revision. 

Sec.  256.  Amendments  to  this  Constitution  may  be  proposed  in 
either  House  of  the  General  Assembly  at  a  regular  session  ;  and  if 
such  amendment  or  amendments  shall  be  agreed  to  by  three-fifths  of 
all  the  members  elected  to  each  House,  such  proposed  amendment  or 
amendments,  with  the  yeas  and  nays  of  the  members  of  each  House 
taken  thereon,  shall  be  entered  in  full  in  their  respective  journals. 
Then  such  proposed  amendment  or  amendments  shall  be  submitted  to 
the  voters  of  the  State  for  their  ratification  or  rejection  at  the  ne.xt 
general  election  for  members  of  the  House  of- Representatives,  the 
vote  to  be  taken  thereon  in  such  manner  as  the  General  Assembly  may 
provide,  and  to  be  certified  by  the  officers  of  election  to  the  secretary 
of  state  in  such  manner  as  shall  be  provided  by  law,  which  vote  shall 
be  compared  and  certified  by  the  same  board  authorized  by  law  to 
compare  the  polls  and  give  certificates  of  election  to  oflicers  for  the 
State  at  large.  If  it  shall  appear  that  a  majority  of  the  votes  cast  for 
and  against  an  amendment  at  said  election  was  for  the  amendment, 
then  the  same  shall  become  a  part  of  the  Constitution  of  this  Common- 
wealth, and  shall  be  so  proclaimed  by  the  governor,  and  published  in 
such  manner  as  the  General  Assembly  may  direct.  Said  amendments 
shall  not  be  submitted  at  an  election  which  occurs  less  than  ninety 
days  from  the  final  passage  of  such  proposed  amendment  or  amend- 
ments. Not  more  than  two  amendments  shall  be  voted  upon  at  any 
one  time,  nor  shall  the  same  amendment  be  again  submitted  within 
five  years  after  a  submission.  Said  amendments  shall  be  so  submitted 
as  to  allow  a  separate  vote  on  each,  and  no  amendment  shall  relate  to 
more  than  one  subject  ;  but  no  amendment  shall  be  proposed  by  the 


CONSTITUTION  OF  KENTUCKY  269 

first  General  Assembly  which  convenes  after  the  adoption  of  this  Con- 
stitution. The  approval  of  the  governor  shall  not  be  necessary  to  any 
bill,  order,  resolution,  or  vote  of  the  General  Assembly,  proposing  an 
amendment  or  amendments  to  this  Constitution. 

Sec.  257.  Before  an  amendment  shall  be  submitted  to  a  vote,  the 
secretary  of  state  shall  cause  such  proposed  amendment,  and  the  time 
that  the  same  is  to  be  voted  upon,  to  be  published  at  least  ninety  days 
before  the  vote  is  to  be  taken  thereon  in  such  manner  as  may  be  pre- 
scribed by  law. 

Sec.  258.  When  a  majority  of  all  the  members  elected  to  each 
House  of  the  General  Assembly  shall  concur  by  a  yea  and  nay  vote, 
to  be  entered  upon  their  respective  journals,  in  enacting  a  law  to  take 
the  sense  of  the  people  of  the  State  as  to  the  necessity  and  expediency 
of  calling  a  convention  for  the  purpose  of  revising  or  amending  this 
Constitution  and  such  amendments  as  may  have  been  made  to  the 
same,  such  law  shall  be  spread  upon  their  respective  journals.  If  the 
ne.Kt  General  Assembly  shall  in  like  manner  concur  in  such  law,  it 
shall  provide  for  having  a  poll  opened  in  each  voting  precinct  in  this 
State  by  the  officers  provided  by  law  for  holding  general  elections  at 
the  next  ensuing  regular  election  to  be  held  for  State  officers  or  mem- 
bers of  the  House  of  Representatives,  which  does  not  occur  within 
ninety  days  from  the  final  passage  of  such  law,  at  which  time  and 
places  the  votes  of  the  qualified  voters  shall  be  taken  for  and  against 
calling  the  convention,  in  the  same  manner  provided  by  law  for  taking - 
votes  in  other  State  elections.  The  vote  for  and  against  said  proposi- 
tion shall  be  certified  to  the  secretary  of  state  by  the  same  officers  and 
in  the  same  manner  as  in  State  elections.  If  it  shall  appear  that 
a  majority  voting  on  the  proposition  was  for  calling  a  convention,  and 
if  the  total  number  of  votes  cast  for  the  calling  of  the  convention  is 
equal  to  one-fourth  of  the  number  of  qualified  voters  who  voted  at  the 
last  preceding  general  election  in  this  State,  the  secretary  of  state 
shall  certify  the  same  to  the  General  Assembly  at  its  next  regular 
session,  at  which  session  a  law  shall  be  enacted  calling  a  convention  to 
readopt,  revise,  or  amend  this  Constitution  and  such  amendments  as 
may  have  been  made  thereto. 

Sec.  259.  The  convention  shall  consist  of  as  many  delegates  as 
there  are  members  of  the  House  of  Representatives  ;  and  the  delegates 
shall  have  the  same  qualifications  and  be  elected  from  the  same  dis- 
tricts as  said  Representatives. 

Sec.  260.  Delegates  to  such  convention  shall  be  elected  at  the  ne.xt 
general  State  election  after  the  passage  of  the  act  calling  the  conven- 
tion, which  does  not  occur  within  less  than  ninety  days  ;  and  they  shall 
meet  within  ninety  days  after  their  election  at  the  Capital  of  the  State, 
and  continue  in  session  until  their  work  is  completed. 

Sec.  261.  The  General  Assembly,  in  the  act  calling  the  convention, 
shall  provide  for  comparing  the  polls  and  giving  certificates  of  election 
to  the  delegates  elected,  and  provide  for  their  compensation. 

Sec.  262.  The  convention,  when  assembled,  shall  be  the  judge  of 
the  election  and  qualification  of  its  members,  and  shall  determine  con- 
tested elections  ;   but  the  General  Assembly  shall,  in  the  act  calling 


2/0  CONSTITUTION   OF   KENTUCKY 

the  convention,  provide  for  talcing  testimony  in  such  cases,  and   for 
issuing  a  writ  of  election  in  case  of  a  tie. 

Sec.  263.  Before  a  vote  is  taken  upon  the  question  of  calling  a  con- 
vention, the  secretary  of  state  shall  cause  notice  of  the  election  to  be 
published  in  such  manner  as  may  be  provided  by  the  act  directing  said 
vote  to  be  taken. 

Schedule. 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments made  in  this  Constitution,  and  in  order  to  carry  the  same  into 
complete  operation,  it  is  hereby  declared  and  ordained  : — 

1.  That  all  laws  of  this  Commonwealth  in  force  at  the  time  of  the 
adoption  of  this  Constitution,  not  inconsistent  therewith,  shall  remain 
in  full  force  until  altered  or  repealed  by  the  General  Assembly  ;  and  all 
rights,  actions,  prosecutions,  claims,  and  contracts  of  the  State,  coun- 
ties, individuals,  or  bodies  corporate,  not  inconsistent  therewith,  shall 
continue  as  valid  as  if  this  Constitution  had  not  been  adopted.  The 
provisions  of  all  laws  which  are  inconsistent  with  this  Constitution  shall 
cease  upon  its  adoption,  except  that  all  laws  which  are  inconsistent  with 
such  provisions  as  require  legislation  to  enforce  them  shall  remain  in 
force  until  such  legislation  is  had,  but  not  longer  than  six  years  after 
the  adoption  of  this  Constitution,  unless  sooner  amended  or  repealed 
by  the  General  Assembly. 

2.  That  all  recognizances,  obligations,  and  all  other  instruments 
entered  into  or  executed  before  the  adoption  of  this  Constitution,  to 
the  State,  or  to  any  city,  town,  county,  or  subdivision  thereof,  and  all 
fines,  taxes,  penalties,  and  forfeitures  due  or  owing  to  this  State,  or  to 
any  city,  town,  county,  or  subdivision  thereof  ;  and  all  writs,  prosecu- 
tions, actions  and  causes  of  action,  except  as  otherwise  herein  provided, 
shall  continue  and  remain  unaffected  by  the  adoption  of  this  Constitu- 
tion ;  and  all  indictments  which  shall  have  been  found,  or  m.iy  hereafter 
be  found,  for  any  crime  or  offense  committed  before  this  Constitution 
takes  effect,  may  be  prosecuted  as  if  no  change  had  taken  place,  except 
as  otherwise  provided  in  this  Constitution. 

3.  All  circuit,  chancery,  criminal,  law  and  equity,  law,  and  common 
pleas  courts,  as  now  constituted  and  organized  by  law,  shall  continue 
with  their  respective  jurisdictions  until  the  judges  of  the  circuit  courts 
provided  for  in  this  Constitution  shall  have  been  elected  and  qualified, 
and  shall  then  cease  and  determine  ;  and  the  causes,  actions,  and  pro- 
ceedings then  pending  in  said  first-named  courts,  which  are  discontin- 
ued by  this  Constitution,  shall  be  transferred  to,  and  tried  by,  the  circuit 
courts  in  the  counties,  respectively,  in  which  said  causes,  actions,  and 
proceedings  are  pending. 

4.  The  treasurer,  attorney-general,  auditor  of  public  accounts,  super- 
intendent of  public  instruction,  and  register  of  the  land  office,  elected 
in  eighteen  hundred  and  ninety-one,  shall  hold  their  offices  until  the 
first  Monday  in  January,  eighteen  hundred  and  ninety-six,  and  until 
the  election  and  qualification  of  their  successors.  The  governor  and 
lieutenant-governor  elected  in  eighteen  hundred  and  ninety-one  shall 


CONSTITUTION   OF   KENTUCKY  2/1 

hold  their  offices  until  the  sixth  Tuesday  after  the  first  Monday  in 
November,  eighteen  hundred  and  ninety-five,  and  until  their  succes- 
sors are  elected  and  qualified.  The  governor  and  treasurer  elected  in 
eighteen  hundred  and  ninety-one  shall  be  ineligible  to  the  succeeding 
term.  The  governor  elected  in  eighteen  hundred  and  ninety-one  may 
appoint  a  secretary  of  state  and  a  commissioner  of  agriculture,  labor, 
and  statistics,  as  now  provided,  who  shall  hold  their  offices  until  their 
successors  are  elected  and  qualified,  unless  sooner  removed  by  the  gov- 
ernor. The  official  bond  of  the  present  treasurer  shall  be  renewed  at 
the  expiration  of  two  years  from  the  time  of  his  qualification. 

5.  All  officers  who  may  be  in  office  at  the  adoption  of  this  Constitu- 
tion, or  who  may  be  elected  before  the  election  of  their  successors,  as 
provided  in  this  Constitution,  shall  hold  their  respective  offices  until 
their  successors  are  elected  or  appointed  and  qualified  as  provided  in 
this  Constitution. 

6.  The  quarterly  courts  created  by  this  Constitution  shall  be  the 
successors  of  the  present  statutory  quarterly  courts  in  the  several  coun- 
ties of  this  State  ;  and  all  suits,  proceedings,  prosecutions,  records,  and 
judgments  now  pending  or  being  in  said  last-named  courts,  shall,  after 
the  adoption  of  this  Constitution,  be  transferred  to  the  quarterly  courts 
created  by  this  Constitution,  and  shall  proceed  as  though  the  same  had 
been  therein  instituted. 

Ordinance. 

We,  the  representatives  of  the  people  of  Kentucky,  in  Convention 
assembled,  in  their  name  and  by  their  authority  and  in  virtue  of  the 
power  vested  in  us  as  delegates  from  the  counties  and  districts  respec- 
tively affixed  to  our  names,  do  ordain  and  proclaim  the  foregoing  to  be 
the  Constitution  of  the  Commonwealth  of  Kentucky  from  and  after 
this  date. 

Done  at  Frankfort  this  twenty-eighth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  ninety-one,  and  in 
the  ninety-ninth*  year  of  the  Commonwealth. 

CASSIUS  M.   CLAY,  Jr., 
President  of  the  Conveiition,  and  Jlfeinber  from  tlie  County 
of  Bourbon. 

THOMAS   G.   POORE, 

Secretary. 

*  Error  ;  should  be  "  one  hundredth." 


INDEX 


Abolition  movement,  opposition  to  and  effect 
of,  152,  153;  extreme  disapproval  of,  154, 
155;  war  a  necessity  for,  173;  favored  by 
Congress,  186;  slavery  abolished  in  Dis- 
trict of  Columbia,  186;  Emancipation  Proc- 
lamation issued,  196;  Thirteenth  Amend- 
ment passed,  203. 

Act  of  Separation,  first,  62,  63;   second,  66. 

Adair,  Major  John,  defeated  at  Fort  St.  Clair, 
97;  at  battle  of  the  Thames,  125;  elected 
governor,  129. 

Adams,  John  Quincy,  elected  President,  134. 

Adams,  Major  George  M.,  elected  to  Con- 
gress, 207. 

Adveutures  of  Colonel  Dafitel  Boone,  by 
John  Filson,  56. 

Agricultural  and  Mechanical  College  estab- 
lished, 213. 

Alabama  secedes,  162. 

Alexander,  Robert,  president  of  Bank  of  Ken- 
tucky, 113. 

Alford,  Mitchell  Caiy,  elected  lieutenant  gov- 
ernor, 218. 

Alien  and  Sedition  laws,  passed,  105;  Ken- 
tucky's opposition  to,  105-108;  repealed, 
109. 

Allen,  Alfred,  Conservative  nominee  for 
treasurer,  206. 

Allen,  John,  delegate  to  seventh  convention, 
77;  counsel  for  Burr,  in;  candidate  for 
governor,  114;  commands  militia,  117; 
killed  at  Frenchtown,  119,  120;  county 
named  after,  120. 

Amendments,  Thirteenth  ratified,  203;  Four- 
teenth and  Fifteenth  ratified,  209. 

American  Colonization  Society,  152. 

American  commerce  interfered  with,  116. 

American,  or  Know-Nothing  party,  157,  158. 

Anderson,  Major  Robert,  commander  at  Fort 
Sumter,  166;  commander  of  Kentucky  Fed- 
erals, 176;  issues  proclamation  of  protec- 
tion, 178. 

Anderson,  Richard  C,  member  of  Anti-Relief 
party,  129. 

Andrews,  Judge  L.  W.,  member  of  Opposi- 
tion party,  159. 

Annexation  of  Texas,  Clay's  opposition  to, 
144;  its  effect,  156. 

KENT.  HIST.  —  18 


Anti-Federalists,  99,  100. 

Anti-Relief  party,  organized,  129;  becomes 
Old  Court  party,  134. 

Antislavery,  see  Abolition  movement. 

Appellate  courts,  judges  for,  217. 

Appomattox  Courthouse,  Lee's  surrender  at, 
203. 

Army  of  Northern  Virginia,  surrender  of,  203. 

Arnold,  Captain  John,  in  War  of  1812,  118. 

Artistic  productions  in  Kentucky,  137. 

Assembly  of  1896,  222. 

Athens  of  the  West,  Lexington's  nickname, 
55- 

Atlantic  States  impoverished  by  Revolution, 

Si- 
Baker,  R.  T..  Republican  nominee  for  lieu- 
tenant governor,  206. 

Ballard,  Bland,  United  States  district  judge, 
179,  180. 

Bank  charters,  granted,  128;  repealed,  129. 

Bank  of  Kentucky,  chartered,  113,128;  estab- 
lished, 143. 

Bank  of  Louisville,  established,  143. 

Bank  of  the  Commonwealth,  chartered,  129, 
130;  its  currency  destroyed,  134. 

Banks  of  the  United  States,  established  at 
Louisville  and  Kentucky,  134;  Jackson 
vetoes  bill  of  recharter,  143. 

Baptists  in  Kentucky,  84. 

Barbour,  James,  commissioner  at  Logan's 
fort,  37. 

Barbour,  Major  Philip  N.,  killed  at  Monterey, 
146. 

Barclay,  Commodore,  defeated  by  Perry,  122, 
123. 

Bardstown,  one  of  Kentucky's  earliest  towns, 
55,  84. 

Barlow,  Thomas  Harris,  constructs  model 
railroad,  137. 

Barlow's  Planetarium,  137. 

Barnes,  S.  M.,  Republican  nominee  for  gov- 
ernor, 206. 

Barry,  Major  William  T.,  his  oratorical  influ- 
ence, 124,  125;  favors  Relief  party,  129; 
elected  lieutenant  governor,  129;  elected 
chief  justice,  132;  candidate  for  governor, 
135- 


273 


274 


INDEX 


Bear  Wallow,  General  Morgan's  forces  at, 
188. 

Beauregard,  General,  reenforces  Johnston, 
183. 

Beck,  James  B.,  elected  U.  S.  senator,  214; 
reelected,  215. 

Bell,  Joshua  F.,  statesman,  159;  delegate  to 
Peace  Conference,  165. 

Benton,  Mortimer  M.,  nominee  for  judge,  201. 

Bibb,  George  M.,  chief  justice,  113;  member 
Relief  party,  129. 

Big  Bone  Lick,  early  exploration  of,  15. 

Big  Creek  Gap,  Kentucky  invaded  at,  190. 

Bill,  of  repeal  of  court  of  appeals,  132;  Com- 
promise, 134,  135;  Omnibus,  155,  156. 

Bimetallism,  Chicago  in  favor  of,  220. 

Bird,  Captain  Henry,  captures  Ruddle's  and 
Martin's  stations,  39. 

Bivoziac  of  the  Dead,  by  Theodore  O'Hara, 
•     148. 

Blackburn,  Dr.  Luke  Pryor,  elected  gov- 
ernor, 214. 

Blackburn,  Gideon,  president  of  Center  Col- 
lege, 210. 

Blackburn,  J.  C.  S.,  elected  U.  S.  senator, 
215;  Democratic  caucus  nominee  for  U.  S. 
senator,  222;  a  Democratic  candidate  for 
presidential  nomination,  223. 

Blackburn,  William  B.,  Anti-Relief  candi- 
date, 131. 

Blennerhasset,  Burr's  accomplice,  no;  his 
death  in  disgrace,  112. 

Blue  Licks,  Boone's  expedition  to,  34,  35; 
battle  of,  120. 

Blythe,  Dr.,  president  of  Transylvania  Uni- 
versity, 118. 

Board  of  Education  ticket,  women's,  221. 

Board  of  War  established,  87,  88. 

Boiling  Springs,  delegates  from,  21,  22. 

Boone,  Daniel,  pioneer  in  Kentucky,  12; 
captured  by  Indians,  13;  rescues  survey- 
ors, 16;  cuts  roads  through  Kentucky,  19, 
21;  his  influence  in  settling  Kentucky,  19; 
his  family  settles  in  Kentucky,  23;  his 
character,  24;  captured  by  Indians,  34,  35; 
appointed  lieutenant  colonel,  40;  at  Blue 
Licks,  46,  47;  his  intercourse  with  Filson, 
56.  . 

Boone,  Jemima,  captured  by  Indians,  26,  27. 

Boone,  Squire,  joins  Daniel  in  Kentucky,  13. 

Boonesborough,  settled,  21;  parliament  at, 
22;  fort  at,  22,  23;  Indian  attacks  on,  30, 
32,  35,  36,  42;  school  opened  at,  38;  one  of 
oldest  towns,  55. 

Border  States,  attempt  at  compromise,  162, 
163;   proposed  convention  of,  163.  [121. 

Boswell,  Colonel,  commander  of  volunteers, 


Botanical  gardens  at  Lexington,  137. 

Bourbon  County,  84. 

Bowling  Green,  headquarters  of  western  Con- 
federate army,  177;  seat  of  Confederate 
government,  180;  evacuated  by  Confed- 
erates, 182. 

Bowman,  John,  member  of  first  Harrodsburg 
court,  29,  30;  colonel  of  Kentucky  County, 

30- 

Boyd,  Linn,  death  of,  189. 

Boyle,  General  Jeremiah  T.,  military  com- 
mandant, 187,  188;  his  resignation,  198. 

Boyle,  John,  chief  justice,  130. 

Boyle,  St.  John,  a  Republican  candidate  for 
presidential  nomination,  222. 

Bradford,  John  and  Fielding,  issue  Kent^icke 
Gazette,  -ji. 

Bradford,  John,  address  of  welcome  to  Gov- 
ernor Shelby,  94. 

Bradley,  W.  O.,  Republican  candidate  for 
governor,  216;  first  Republican  governor 
of  Kentucky,  220;  debate  with  Hardin, 
220;  orders  out  State  militia,  222;  a  Re- 
publican candidate  for  presidential  nomina- 
tion, 223. 

Bragg,  Colonel  Braxton,  commands  Chatta- 
nooga forces,  189 ;  his  march  through  Ken- 
tucky, 191 ;  his  retreat,  192,  193. 

Bramlette,  Thomas  Elliott,  elected  governor, 
196. 

Breathitt,  John,  elected  governor,  136. 

Breckinridge,  John,  president  of  Lexington 
Democratic  Club,  99;  appointed  attorney- 
general,  102;  offers  Kentucky  Resolutions, 
107;  appointed  speaker,  109. 

Breckinridge,  John  C,  oration  over  Ken- 
tucky soldiers,  148;  elected  Vice  Pre.sideiit, 
158;  in  favor  of  State  convention,  163,  164; 
elected  U.  S.  senator,  165;  Confederate 
general,  179;  superseded  by  Davis,  180. 

Breckinridge,  Mrs.  Issa  Desha,  organizes 
Hart  Memorial  Association,  139,  n.  i. 

Breckinridge,  Robert,  vot-es  for  Federal  con- 
stitution, 74;  chosen  speaker,  95. 

Breckinridge,  Rev.  R.  J.,  calms  riot,  132, 
133;  president  of  Radical  Union  conven- 
tion, 201,  202. 

Breckinridge,  William  L.,  president  of  Center 
College,  210. 

British,  claims  in  Kentucky,  32;  stations  in 
America,  59;  intrigue  in  Kentucky,  82,  83; 
possessions  surrendered,  100,  loi ;  soldiers 
captured  in  Canada,  124. 

Brodhead,  Daniel,  opens  store  at  Louisville, 

54- 
Brown,  James,  appointed  secretary  of  state, 

95- 


INDEX 


275 


Brown,  John,  delegate  to  Confederation  of 
States,  73;  letter  to  sixth  convention,  75; 
member  of  Board  of  War,  87;  elected  U.  S. 
senator,  96. 

Brown,  John  Mason,  author  of  Political  Be- 
ginnings of  Kentucky ,  73,  n.  i. 

Brown,  John  Young,  elected  governor,  218. 

Brown,  Rev.  John  H.,  address  on  Kentucky 
soldiers,  148. 

Brown,  Scott,  adjutant  general,  170;  super- 
seded by  Finnel,  179. 

Bryan,  James  W.,  elected  lieutenant  gov- 
ernor, 216. 

Bryan's  Station  attacked,  43  46. 

Buchanan,  James,  elected  President,  158. 

Buckner,  General  Simon  B.,  inspector  of 
State  Guards,  170;  leader  of  State  Guards, 
177;  Confederate  commander,  182;  elected 
governor,  216. 

Buckner,  Judge  R.  A.,  member  of  Anti- 
Relief  party,  129;  candidate  for  governor, 
136;  member  of  Opposition  party,  159; 
Unionist,  169. 

Buell,  General  Don  Carlos,  commander  of 
Kentucky  forces,  181;  commander  of  Fed- 
eral troops,  183;  reenforces  Grant,  184;  in 
central  Tennessee,  190;  enters  Louisville, 
iQi;  avoids  Confederates,  192. 

Buena  Vista,  battle  of,  146. 

Bull  Run,  battle  of,  174. 

Bullitt,  Alexander  Scott,  chosen  speaker,  95; 
president  of  second  convention,  108;  elected 
lieutenant  governor,  109. 

Bullitt,  Captain  Thomas,  surveyor  in  Ken- 
tucky, 15. 

Bullock,  Rice,  votes  for  Federal  constitution, 

Burbridge,  General  Steven  G.,  commander  of 
Kentucky  forces,  198;  his  oppressive  mili- 
tary rule,  199,  200;  interferes  with  elec- 
tions, 201;  deposed,  202. 

Burman,  Judge  C.  F.,  member  of  Opposition 
party,  159;  member  of  Unionist  party,  169; 
joins  Republicans,  207. 

Burnett,  Henry  C,  Union  delegate  to  Con- 
gress, 170;  delegate  to  Virginia,  180,  181. 

Burr,  Aaron,  his  conspiracy,  no;  indicted  by 
Daveiss,  in;  festivities  in  his  honor,  112; 
his  trial  and  disgrace,  112. 

Bush,  Joseph  H.,  artist,  138. 

Butler,  General  Richard,  killed  at  Wabash 
River,  89. 

Butler,  General  William  O.,  Democratic  nom- 
inee for  governor,  144;  his  military  exploits, 
144;  in  Mexican  War,  145;  wounded  at 
Monterey,  146;  delegate  to  Peace  Confer- 
ence, 165. 


Cahokia,  French  village,  32. 

Caldwell  and  McKee's  army,  42,  43. 

Caldwell,  Colonel,  commands  regiment,  121. 

California  applies  for  admission,  156. 

Call,   Richard  Ellsworth,  author  of  Life   of 

C.  S.  Rafinesque,  lyi ,  n.  i. 
Callaway,  Richard,  member  of  first  Harrods- 

burg  court,  29,  30;    his  daughter  captured 

by  Indians,  26,  27. 
Camp  Boone,  Confederate  regiments  at,  173. 
Camp  Clay,  Federal  regiments  at,  173. 
Camp  Dick  Robinson,  Federal  regiments  at,' 

174. 
Camp  Joe  Holt,  Federal  regiments  at,  173. 
Camp  Wild  Cat,  battle  of,  180. 
Canada,  march  of  Harrison's  army  into,  124, 

Cantrill,  James  E.,  elected  lieutenant  gov- 
ernor, 214. 

Carlisle,  John  G.,  elected  lieutenant  gov- 
ernor, 210;  secretary  of  treasury,  against 
free  silver,  219,  220. 

Catholics  in  Kentucky,  84. 

Centenary  of  Kentucky,  by  Durrett,  29, 
n.  I. 

Centenary  of  Kentucky's  admission,  217,  218. 

Center  College  chartered  by  Presbyterians, 
210. 

Cerro  Gordo,  attack  on,  147. 

Chamberlin,  Jeremiah,  president  of  Center 
College,  210. 

Change  of  party  names,  141. 

Characteristics  of  Kentuckians,  62,  222. 

Charters  of  banks,  granted  and  repealed,  128, 
129. 

Chattanooga,  Confederate  forces  organized  at, 
189. 

Cherokees,  claim  Kentucky,  20;  fear  of  their 
invasion,  60;  treaty  with  English,  20. 

Chicago,  against  free  silver,  220. 

Chillicothe,  Indian  settlement  at,  35. 

Christian  church  in  Kentucky,  85. 

Cincinnati,  original  town  on  site  of,  56;  pro- 
posed capture  of,  190. 

Circuit  courts,  increase  in  number  of,  217. 

Cities  of  the  second  class.  221. 

Citizenship,  negroes  obtain  right  of,  209. 

Civil  affairs  in  Kentucky,  141-150. 

Civil  conflicts  in  Kentucky,  196-204. 

Civil  War,  151-204. 

Clark,  General  George  Rogers,  expedition  into 
Illinois  country,  33,  34;  attack  on  Indian 
towns,  40;  reported  attack  on  Shawnee 
Indians,  42,  43;  commander  in  attack 
on  Indians,  48;  retires,  60;  attack  on 
Wabash  Indians,  65;  accepts  commission 
as  major  general,  100. 


2/6 


INDEX 


Clark,  James,  declares  Replevin  Act  uncon- 
stitutional, 130;  elected  governor,  141. 

Clark  County  citizens  against  Alien  and  Sedi- 
tion laws,  106,  107. 

Clarksville,  gathering  against  Indians  at,  64. 

Classes  in  Kentucky  at  time  of  Spanish  con- 
spiracy, 75,  76. 

Clay,  Brigadier  General  Green,  commander 
of  Kentucky  volunteers,  121. 

Clay,  Cassius  M.,  legjder  of  antislavery 
movement,  154;  nominee  for  governor, 
157;  wfaives  the  currency  question,  219. 

Clay,  Henry,  opposes  Alien  and  Sedition 
laws,  107;  counsel  for  Aaron  Burr,  iii; 
debate  with  Daveiss,  112;  speech  at  George- 
town, 118;  his  temporary  disfavor  in  Ken- 
tucky, 134,  135;  his  Compromise  Bill  or 
Omnibus  Bill,  135,  155,  156;  elected  to 
U.  S.  Senate,  135;  candidate  for  presidency, 
136,  144;  opposes  annexation  of  Texas, 
144;  president  of  American  Colonization  So- 
ciety, 152;  his  resignation  from  Senate,  157. 

Clay,  James  B.,  delegate  to  Peace  Conference, 
165;   arrest  of,  178. 

Clay,  Lieutenant  Colonel  Henry,  in  Mexican 
War,  145 ;   killed  at  Buena  Vista,  146. 

Cleveland,  Grover,  elected  President,  215;  his 
second  term,  218;  his  policy  against  free 
silver,  220. 

College  of  Electors,  89. 

Columbus,  Confederates  at,  175;  evacuated 
by  Confederates,  182. 

Commerce,  interference  with  American,  116. 

Commissioners,  elected  by  House  of  Repre- 
sentatives, 96. 

Committee  of  sixty,  confiscate  The  True 
American,  154,  155. 

Compromise,  Crittenden's  attempt  at,  162, 
163;  Border  States  attempt  at,  162,  163; 
futility  of  efforts  towards,  165. 

Compromise   or  Omnibus   Bill,   Clay's,    134, 

135.  155,  156. 

Confederate  Colonies'  struggle  for  independ- 
ence, 50. 

Confederate  forces,  in  Kentucky,  173-175; 
resolutions  against,  175,  176;  Kentuckians 
join  ranks  of,  178;  arrest  of  prominent 
citizens,  178;  abandon  Kentucky,  193; 
return  to  Kentucky,  205. 

Confederate  government  of  Kentucky,  organ- 
ized, 174,  180,  181. 

Confederate  line  of  possession,  181. 

Confederate  States  of  America,  government 
framed,  165;  Kentucky  desires  admission 
to,  173. 

Congress  of  Confederation  of  States,  course  in 
regard  to  Indian  troubles,  60,  64. 


Congress,  proposes  treaty  with  Spain,  70; 
hears  Kentucky's  petition  for  admission, 
73;  considers  adoption  of  new  Federal  con- 
stitution, 73,  74;  Kentucky's  application 
referred  to  new,  75;  Muter  advises  new 
appeal  to,  77;  Wilkinson's  speech  against, 
78;  delay  in  granting  Kentucky  its  state- 
hood, 82;  passes  Alien  and  Sedition  laws, 
105;  act  of  denounced  by  Clay,  107;  spe- 
cial session  called,  170;  favors  abolition, 
186;  adopts  obnoxious  military  policy,  187; 
frees  wives  of  negro  soldiers',  208. 

Connolly,  Dr.  John,  orders  survey  of  Louis- 
ville, 15;   British  agent,  82,  83. 

Conservative  party,  in  temporary  power,  134; 
called  Conservative  Union  party,  159; 
opposed  to  laws  against  slavery,  167;  con- 
trols elections  of  1863,  196;  welcomes  the 
Confederates,  205;   its  downfall,  206. 

Conservative  Union  conventions  against  Lin- 
coln, 202. 

Conspiracies  in  Kentucky,' First  Spanish,  69- 
81;  British,  82,  83 ;  French,  99,  100;  Second 
Spanish,  loi ;  Third  Spanish,  105 ;  Aaron 
Burr's,  no. 

Constitution,  adoption  of  new  Federal,  74; 
revision  of  State,  108,  216,  217;  Thirteenth 
Amendment  adopted,  203;  Fourteenth  and 
Fifteenth  Amendments  adopted,  209. 

Constitution  of  Kentucky,  text  of,  227-271. 

Constitutional  convention,  at  Danville,  89; 
must  have  two-thirds  vote,  150;  of  1890, 
216,  217. 

Continental  Congress,  29. 

Convention  for  independence,  first,  61 :  second, 
62;  third,  62;  fourth,  62,  65;  fifth,  meets  at 
Lexington,  73;  sixth,  at  Danville,  75,  76; 
seventh,  delegates  to,  76;  seventh,  meeting 
of,  77,  78;  eighth,  83;  ninth,  83;   tenth,  83, 

Convention,  for  revisfng  State  constitution 
called,  105;  from  seceded  States  at  Mont- 
gomery, 165:  for  national  delegates,  201; 
constitutional,  in  1890,  216,  217;  Repub- 
lican State,  222,  223;  Democratic  State, 
223. 

Coomes,  Mrs.  William,  opens  school  at  Har- 
rodsburg,  38. 

Cornstalk,  chief  of  Shawnee  Indians,  16-18. 

Cornwallis'  surrender,  50. 

Corporations,  legal  provisions  for,  217. 

Council  of  war  in  1812,  123. 

Country  party,  in  struggle  for  independence, 
63;  at  time  of  Spanish  conspiracy,  76;  at 
Fayette  election,  77;  claims  in  seventh 
convention,  78. 


INDEX 


277 


County  of  Kentucky,  established,  29-39; 
population  in  1777,  32;  division  of  the 
county,  40-49. 

Courses  of  study  in  State  College,  213. 

Court  of  appeals,  96;  decision  as  to  Replevin 
Act,  130;  judges  attempt  to  remove,  131, 
132;  newly  organized,  132;   abolished,  134. 

Court  party,  in  struggle  for  independence, 
63;  at  time  of  Spanish  conspiracy,  76;  at 
Fayette  election,  77;  claims  in  seventh 
convention,  78;  further  efforts  after  separa- 
tion, 79. 

Cowan,  John,  intercourse  with  Filson,  56. 

Cowpens,  battle  of,  91. 

Cox,  Colonel,  121. 

Craddock,  J.  J.,  Conservative  nominee  for 
register,  206. 

Craig,  John,  trustee  of  Transylvania  Univer- 
sity, 57. 

Craig,   Rev.   Lewis,   preaches   in   Kentucky, 

84. 

Criminal  code  revised,  105. 

Crisis  in  Kentucky  history,  80. 

Crittenden,  General  George  B.,  defeated  at 
Mill  Springs,  181. 

Crittenden,  Major  General  Thomas  L.,  ap- 
pointed commander  of  militia,  176;  reen- 
forces  Federals,  192. 

Crittenden,  Major  John  J.,  his  oratorical 
influence,  124,  125;  member  Anti-Relief 
party,  129;  elected  governor,  149;  his 
career,  149;  leader  of  Whig  party,  157; 
type  of  Conservalive  Unionists,  159;  offers 
compromise  propositions,  162;  address  on 
Union  standpoint,  165;  leaves  Senate.  165; 
speech  for  neutrality,  166;  Union  delegate 
to  Congress,  170;  his  influence  in  holding 
Kentucky  loyal,  170,  171;  opposed  to  aboli- 
tion, 186. 

Crockett,  Colonel  Joseph,  delegate  to  seventh 
convention,  77;  obtains  signatures  against 
illegal  separation,  79. 

Crow's  Station  (Danville),  courthouse  built 
near,  52,  53;  meeting  of  University  trus- 
tees at,  57. 

Cumberland  Gap,  Confederate  forces  at,  173. 

Currency,  its  development  in  early  days,  128. 

Currency  question,  219;  issue,  220;  Demo- 
crats divided  on  account  of,  222;  Republi- 
cans against  free  silver,  223;  Democrats  for 
free  silver,  223. 

Cynthiana,  conflict  at,  189. 

Daniel,  Walker,  attorney-general  of  Ken- 
tucky District,  52;  trustee  of  Transylvania 
University,  57;  killed  by  Indians,  52. 

Danton,  Thomas,  settles  at  Harrodsburg,  23. 


Danville,  founding  of,  53;  one  of  Kentucky's 
oldest  towns,  55;  meeting  of  military  offi- 
cers at,  60,  6i ;  meeting  of  separation  con- 
ventions at,  61-63;  navigation  question  dis- 
cussed at,  71;  political  club  founded  at,  74; 
sixth  convention  at,  75;  tenth  convention 
at,  89. 

"  Dark  and  Bloody  Ground,"  Kentucky's 
nickname,  11. 

Daveiss,  Joseph  Hamilton,  indicts  Aaron 
Burr,  in;  debate  with  Henry  Clay,  112; 
death  at  Tippecanoe,  115;  county  named 
after,  115. 

Davidge,  Rezin  H.,  associate  justice,  132. 

Davis,  Garrett,  appointed  U.  S.  senator,  180; 
opposed  to  abolition,  186;  represents  Ken- 
tucky in  U.  S.  Senate,  209. 

Davis,  Jefferson,  born  in  Todd  County,  Ken- 
tucky, 161 ;  elected  president  of  Confeder- 
ate States  of  America,  165. 

Dawson,  J.  A.,  elected  register,  207. 

De  Quindre,  Captain,  at  Boonesborough,  36. 

De  Soto's  expedition  to  the  Mississippi,  69. 

Debate  between  Bradley  and  Hardin,  220. 

Declaration  of  Independence  adopted,  29. 

Defeat  at  Camden,  Gates's,  90. 

Demaree,  ,T.  B.,  prohibition  candidate,  220. 

Democrat,  published  in  Louisville,  159. 

Democratic  party,  opposed  to  Federalists,  99; 
strong  in  Kentucky,  loS,  109;  of  1798,  131; 
Democratic  Republican  party  merged  into, 
143;  its  supremacy  in  Kentucky,  158;  views 
at  time  of  secession,  163,  164 ;  belief  in 
State  Rights,  167;  opposed  to  laws  against 
slavery,  167;  convention  against  Lincoln, 
202;  in  power,  205-207;  Conservatives 
unite  with,  206;  its  members  elected  to  Con- 
gress, 207;  Freedmen's  Bureau  strengthens 
power,  209;  majority  reduced  on  account 
of  negro  vote,  210;  its  power  in  Kentucky, 
215,  216,  218-220;  divided  on  currency  ques- 
tion, 222. 

Democratic  Republican  party,  rise  and  fall  in 
power,  135,  136;  merged  into  Democratic 
party,  143. 

Democratic  State  convention  at  Frankfort, 
206;  at  Louisville,  218,  219;  repudiates 
policy  of  last  convention,  223;  in  favor  of 
free  silver,  223. 

Democratic  Union  party,  election  of  1864,  200. 

Denman,  Matthias,  partner  of  John  Filson, 
156. 

Denominational  colleges  in  Kentucky,  210. 

Depression,  financial,  127,  128,  143,  218. 

Desha,  General  Joseph,  at  battle  of  the 
Thames,  125;  member  of  Relief  party,  129; 
elected  governor,  131. 


2/8 


INDEX 


District  of  Columbia,   slavery  abolished   in, 
i86. 

District  of  Kentucky,  50-58. 

Dixon,  Archibald,  elected  U.  S.  senator,  157. 

Doctrine  of  nullification,  anticipated  in  Ken- 
tucky, 107. 

Doctrine  of  State  Rights,  107,  108. 

Donelson,  Fort,  surrender  of,  182. 

Doniphan,  Joseph,  opens  school  at  Boones- 
borough,  38. 

Donne,  Mrs.  Martha,  54. 

Douglas,  James,  surveyor  in  Kentucky,  15. 

Dudley,  Colonel,  at  Maumee,  121;  defeated 
by  Proctor,  122. 

Dudley,  William  A.,  appointed  quartermas- 
ter general,  179. 

Duncan,  Colonel  Blanton,  Confederate  cor;- 
mander,  174. 

Dunlap,  George  W.,  Union  delegate  to  Con- 
gress, 170. 

Dunmore,  governor  of  Virginia,  16. 

Durrett,  Reuben  T.,  author  of  Centenary  of 
Kentucky,  29,  n.  i ;  author  of  Life  of  John 
F:lson,$$,x\.  i;  arrest  of,  178;  president  of 
Filson  Club,  215. 

Duvall,  Judge  Alvin,  nominee  for  reelection, 
200. 

Edmonson,  county  named  after,  120. 
Education    in    Kentucky,   early,   38,   57;    at 

close  of  war,  210,  211;    higher   education, 

213,  214. 
Edwards,  John,  in   seventh   convention,    79; 

elected  U.  S.  senator,  96. 
Edwards,  Ninian,  chief  justice  and  governor 

of  Illinois,  113. 
Eighth  independence  convention,  83. 
Election,  method  of,  90;    change  in  method, 

108,  109. 
Elkhorn,  first  steamboat  on  the,  102. 
Emancipation,  see  Abolition  movernent. 
Emancipation  Proclamation  issued,  196. 
Emancipation  ticket,  first,  157. 
English,  claims    in    Kentucky,   14;    hostility 

to  Kentuckians,  32;  settle  Jamestown,  69; 

bitter  feeling   against,  98;    anticipate   war 

with  U.  S.,  114;  at  war  with  France,  116; 

insults  to  American  vessels,  116. 
Episcopalians  in  Kentucky,  85. 
Era  of  transition,  213  225. 
Estill,  Captain,  defeat  of,  42,  43. 
Executive    power    vested    in    governor,   89; 

changes  in  executive  State  department,  217. 
Expedition  against  New  Orleans,  99,  100. 

Factories,  establishment  of,  127. 
Fallen  Timbers,  battle  of,  100. 


Fayette  County,  established,  40;  proposed 
attack  on,  43;  part  of  Kentucky  District, 
5r;  election  at,  77;  Connolly's  intrigue  in, 
83;   one  of  original  nine  counties,  84. 

Federal  constitution,  adoption  of  new,  73,  74. 

Federal  government,  Wilkinson  prejudices 
Kentucky  against,  70,  71;  hears  of  French 
conspiracy,  100;  Kentucky's  opposition  to, 
loi,  102;  its  powers,  151;  Kentucky  de- 
clares for,  175. 

Federalist  party,  opposed  to  Anti-Federalists, 
99;  opposed  by  Kentuckians,  102;  in  tem- 
porary power,  102;  opposed  to  Democrats, 
109;   Daveiss  adheres  to,  iii;  in  1798,  131. 

Federals,  their  forces  in  Kentucky,  173-175; 
soldiers  from  Kentucky,  179,  194;  antag- 
onism to,  186,  187;  as  raiders,  198;  attempt 
to  control  elections,  200. 

Ferguson,  his  army  destroyed,  91. 

Field,  John,  commander  at  Point  Pleasant,  17. 

Field,  Lieutenant  Colonel  Ezekiel  H.,  in 
Mexican  War,  145. 

"  Fiery  Cross,  The,"  Scotch  symbol,  46,  n   i. 

Fifteenth  Amendment  ratified,  209. 

Fifth  independence  convention,  73. 

Fillmore's  cabinet,  149. 

Filson,  John,  author  of  first  history  of  Ken- 
tucky, 55-57. 

Filson  Club,  started,  215,  216;  its  publica- 
tions, 21,  n.  2,  29,  n.  I,  74,  n.  i,  216. 

Financial  depression,  127,  128,  143,  218. 

Financial  prosperity,  128,  208,  211. 

Fincastle  County,  Kentucky  a  part  of,  29. 

Findley,  John,  pioneer  in  Kentucky,  12. 

Finnel,  John  W.,  appointed  adjutant  general, 

179- 

First  constitutional  convention,  107. 

First  governor  of  Kentucky,  90-92. 

First  independence  convention,  61. 

First  invasion  of  Kentucky,  173-185. 

First  newspaper  in  Kenrticky,  72. 

First  organized  church  in  Kentucky,  84. 

Fisk,  John  F.,  elected  to  Senate,  189. 

Fitch,  John,  inventor  of  steamboat,  84,  103. 

Fleming,  William,  commander  at  Fort  Flem- 
ing, 17. 

Flemming,  William,  commissioner  at  Logan's 
fort,  37. 

Florida,  discovered  by  Ponce  de  Leon,  69; 
secedes,  162. 

Floyd,  John,  surveyor  in  Kentucky,  14,  15; 
member  of  first  Harrodsburg  court,  29,  30; 
appointed  colonel,  40;  rescued  by  ^V  ells, 
41,  42;  attack  on  Indians,  48;  elected 
judge,  51;  killed  by  Indians,  52. 

Floyd,  General  John  B.,  Confederate  com- 
mander, 1S2. 


INDEX 


279 


Fort  Donelson,  surrender  of,  182. 

Fort  Greenville,  built,  97. 

Fort  Henry,  surrender  of,  182. 

Fort  Meigs,  siege  of,  121. 

Fort  Recovery,  General  Wayne  at,  100. 

Fort  Stanwix,  treaty  of,  14. 

Fort  Sumter,  first  gun  fired  at,  165. 

Founding  of  the  Commonwealth,  93-150. 
^Fourteenth  Amendment  ratified,  209. 

Fourth  independence  convention,  62,  65. 

Frankfort,  made  capital  of  Kentucky,  96,  97; 
constitutional  convention  at,  108;  heroes 
of  Buena  Vista  buried  at,  148;  Democratic 
State  convention  at,  206. 

Frazer,  Oliver,  pupil  of  Jouett,  138. 

Free  silver,  adherents  and  opponents  to  doc- 
trine of,  2ig,  220,  223;  Blackburn  in  favor 
of,  222. 

Free  students  in  State  College,  214. 

Freedmen's  Bureau,  established,  208;  opposi- 
tion to,  209. 

French,  claims  in  Kentucky,  14,  32;  attack 
Boonesborough,  35,  36;  their  religious  per- 
secutions, 69;  declare  war  against  England, 
Spain,  and  Holland,  98;  conspiracy  in  Ken- 
tucky, 99;  war  with  England,  116. 

French  and  Indian  War,  14,  32. 

French  Revolution,  its  horrors  unknown  in 
Kentucky,  99;  revulsion  of  feeling  in  regard 
to,  102. 

Frenchtown,  battles  of,  118,  119,  120. 

Friends  of  Humanity,  Christian  Association, 
112,  113. 

Fry,  Colonel  Speed  Smith,  Federal  com- 
mander, 181. 

Fry,  Major  Cary  H.,  in  Mexican  War,  145. 

Gaines,  Major  John  P.,  in  Mexican  War,  145. 
Gardoqui,    Spanish     minister,    rejects    Jay's 

treaty,  70;   Brown's  interview  with,  75. 
Garrard,  Colonel  J.  J.,  commander  of  Federal 

forces,  180. 
Garrard  County,  Federal  forces  in,  174. 
Garrard,  James,  second  governor  of  Kentucky, 

105;  elected  governor,  109. 
Gates's  defeat  at  Camden,  90. 
General  Assembly  in  Kentucky  government, 

89;  grants  school  suffrage  to  women,  211, 
Genet,  Citizen,  minister  of  France,  99;    re- 
called to  France,  100. 
Geological  survey  established,  211. 
Georgetown,  incorporation  of,  23  ;  Democratic 

Club  at,  99;   Kentucky  forces  assembled  at, 

117. 
Georgia  secedes,  162. 

Girty,  Simon,  the  "  White  Renegade,"  45. 
Gist,  Christopher,  pioneer  in  Kentucky,  12. 


Glasgow,  General  Bragg  at,  191. 

Gold,  paper  currency  substituted  for,  128. 

Gold  standard.  Secretary  Carlisle  upholds, 
219;  Cleveland  and  Carlisle  for,  220;  Ken- 
tucky in  favor  of,  222;  opponents  and 
advocates  of,  223. 

Government,  of  Kentucky,  89,  90,  93-104; 
of  Confederate  States  of  America,  165;  Con- 
federate, established  in  Kentucky,  180,  181. 

Governor,  executive  power  in  Kentucky,  89; 
method  of  election,  89;  change  in  method 
of  election,  108,  109. 

Grant,  General  U.  S.,  orders  troops  into 
Kentucky,  175;  captures  Forts  Henry  and 
Donelson,  182;  gains  victory  at  Shiloh, 
184;   Lee's  surrender  to,  203. 

Graves,  Benjamin,  119;  county  named  after, 
120. 

Green,  Lewis  W.,  president  of  Center  College, 
210. 

Green,  Thomas  Marshall,  author  of  The 
Spanish  Conspiracy,  71. 

Green,  Willis,  trustee  of  Transylvania  Uni- 
versity, 57. 

Greenup,  Christopher,  his  intercourse  with 
Filson,  56;  trustee  of  Transylvania  Uni- 
versity, 57;  elected  governor,  113;  ex- 
governor,  118. 

Greenville,  one  of  Kentucky's  oldest  towns, 

55- 
Greenville,  Fort,  built,  197. 
Grider,  Henry,  Union  delegate  to  Congress, 

170- 

Grundy,  Felix,  appointed  chief  justice,  113. 

Guerrillas,  depredations  of,  187,  188,  198,  199. 

Guthrie,  James,  statesman,  159;  delegate  to 
Peace  Conference,  165;  lawyer,  201;  leader 
in  Conservative  Union  convention,  202. 

Haggjn,  James,  associate  justice,  132. 
Hamilton,  Alexander,  killed  by  Aaron  Burr, 

no. 
Hanson,  Roger  W.,  leader  of  Confederates, 

179,  182. 
"  Hard  Winter  "  of  Kentucky,  38. 
Hardee,    Major    General    William    J.,    Con- 
federate commander,  192. 
Hardin,  Colonel  John,  commander  Kentucky 

Volunteers,  87;   murdered  by  Indians,  97. 
Hardin,  Major  Martin  D.,  119. 
Hardin,  P.   W.,   advocates   free   silver,    219; 

debate  with  Bradley,  220. 
Harding,  Aaron,  Union  delegate  to  Congress, 

170;    opposed    to    abolition,    186",     speech 

against  negro  recruiting,  198. 
Harlan,  John  M.,  Conservative  nominee  for 

attorney -general,   206:   joins    Republicans, 


28o 


INDEX 


207;  Republican  candidate  for  governor, 
?io. 

Harlan,  Major,  at  Blue  Licks,  46,  47. 

Harmar,  General,  commands  expedition 
against  Indians,  86,  87;  defeated,  87. 

Harney,  B.  M.,  Conservative  nominee  for 
superintendent  of  public  instruction,  206. 

Harney,  John  H.,  editor  of  Louisville  Demo- 
crat, 159. 

Harrison,  Benjamin,  succeeded  by  President 
Cleveland,  218. 

Harrison  County  officers  arrested,  178. 

Harrison,  General  William  H.,  at  battle  of 
Tippecanoe,  114;  appointed  commander  of 
Kentucky  militia,  118;  appointed  com- 
mander of  army  of  the  Northwest,  118; 
orders  embarkation  for  Canada,  123. 

Harrod,  James,  settles  in  Kentucky,  16,  19; 
his  intercourse  with  Filson,  56. 

Harrodsburg,  founding  of,  16 ;  permanently 
settled,  19;  delegates  from,  21;  made 
county  seat,  29;  Indian  attack  on,  30; 
school  opened  at,  38  ■.  opening  of  court  at, 
52,  53;  one  of  earliest  towns,  55;  Gen- 
eral Smith's  corps  at,  192. 

Hart,  Captain  Maitland,  purchases  Cherokee 
title,  20. 

Hart,  Joel  T.,  sculptor,  138,  139. 

Hart,  Nathan  G.  T.,  commander  of  Lexing- 
ton Light  Artillery,  n8;  county  named 
after,  120. 

Hart  Memorial  Association,  139,  n.  i. 

Hawes,  Richard,  inaugurated  provisional 
governor  of  Kentucky,  191. 

Helm,  Ben  Hardin,  leader  of  Confederates, 
179. 

Helm,  John  L.,  inaugurated  governor,  149; 
elected  governor,  207;  death  of,  207. 

Henderson,  Colonel  Richard,  head  of  Hender- 
son &  Co.,  20. 

Henderson,  Samuel,  married  to  Betsy  Calla- 
way, 27. 

Hendricks,  Thomas  A.,  elected  Vice  Presi- 
dent, 215. 

Henry  Fort,  surrender  of,  182. 

Hickman,  Captain,  killed  at  Blue  Licks,  120; 
county  named  after,  120. 

Hickman,  Confederates  at,  175. 

Hickman,  Rev.  William,  preacher  in  Ken- 
tucky, 84. 

Hindman,  J.  R.,  elected  lieutenant  governor, 
214,  215. 

Hogan,  Richard,  .settles  at  Harrodsburg,  23. 

Holly,  Dr.  Horace,  president  of  Transylvania 
University,  137. 

Home  Guards,  funds  raised  for,  169,  170; 
Federals,  177;   their  lack  of  discipline,  178. 


"  Home  of  the  Silent  Brotherhood  "  founded, 
84. 

Hopewell,  last  town  of  colonial  period,  84. 

House  of  Representatives  in  Kentucky  gov- 
ernment, 89. 

House  resolutions,  synopsis  of,  168,  n.  i. 

Houston's  Station,  now  Hopewell,  84. 

Huguenots  persecuted  in  France,  69. 

Hull,  General,  surrender  to  British,  118. 

Hunt,  Charlton  W.,  calms  riot,  132,  133. 

Hunter,  W.  Godfrey,  Republican  caucus 
nominee  for  U.  S.  senator,  222. 

Hurt,  J.  S.,  Conservative  nominee  for  au- 
ditor, 206. 

Immigration  to  Kentucky,  9,  51. 

Inauguration  ceremonies,  93-95. 

Income  of  State  College,  213. 

Independence  of  Kentucky,  see  Separation. 

Indians,  in  Kentucky,  10,  11;  hostilities,  13, 
14,  16-18,  21,  30-39,  40,  41,  59,  60,  63,  64, 
85-89,  97,  114,  lis;  claims  in  Kentucky, 
14,  32;  titles  sold,  19,  20;  besiege  Boones- 
borough,  35,  36 ;  at  Bryan's  Station  and 
Blue  Licks,  43-48;  killed  by  Kentuckians, 
65,  67;  complaint  against  Kentuckians,  67; 
Wilkinson's  speech  on,  78;  troubles  ended 
temporarily,  102;  massacre  at  Raisin,  120; 
their  cruelties,  122. 

Indian  troubles,  a  political  issue,  98. 

Innes,  Hary,  attorney-general,  62,  67;  mem- 
ber Board  of  War,  87;  U.  S.  district  judge, 
96. 

Invasion  of  Kentucky,  first,  173-185;  second, 
186-195. 

Inventors  in  Kentucky,  84,  103,  137. 

Ivy  Mountain,  battle  of,  180. 

Jackson,  General  Andrew,  at  New  Orleans, 
126;  candidate  for  presidency,  134,  135; 
elected  President,  136;  Kis  second  term,  142, 

143- 

Jackson,  James  S.,  Union  delegate  to  Con- 
gress, 170. 

Jacob,  Colonel  Richard  T.,  joins  Union  party, 
168;  offers  synopsis  of  House  resolutions, 
168,  n.  i;  chosen  lieutenant  governor,  196; 
arrested,  198. 

Jacobin  clubs  of  France,  99. 

Jamestown  settled  by  the  English,  69. 

Jay,  John,  proposes  treaty  with  Spain,  70; 
secures  treaty  with  Great  Britain,  100. 

Jefferson  County,  established,  40,  84;  be- 
comes part  of  Kentucky  District,  51. 

Jefferson,  Thomas,  Breckinridge  a  member  of 
his  cabinet,  99:  drafts  Kentucky  Resolu- 
tions, 107;   elected  President,  109. 


INDEX 


i!8l 


Johnson,  Colonel  James,  raises  company,  ii8. 

Johnson,  Colonel  Richard  M.,  raises  com- 
pany, 1 18;  in  the  Canada  campaign,  124; 
kills   Tecumseh,   125. 

Johnson,  George  W.,  Confederate  leader,  179; 
elected  governor,  180;  killed  at  Shiloh,  igi. 

Johnson,  Madison  C,  lawyer,  201. 

Johnson,  Robert,  trustee  of  Transylvania 
University,  57. 

Johnston,  General  Albert  Sidney,  commands 
western  Confederate  forces,  177;  at  Mur- 
freesboro,  183;  killed  at  Shiloh,  184. 

Jouett,  Matthew  Harris,  portrait  painter, 
138. 

Journal,  published  at  Louisville,  159. 

Judges  of  court  of  appeals,  how  appointed, 
90;  attempt  to  remove,  131,  132. 

Judicial  power,  89,  90. 

Judicial  State  department,  changes  in,  217. 

Judiciary,  elective  by  people,  150. 

Kanawha  River,  battle  near,  16-18. 

Kaskasia,  French  village,  32. 

Kennedy,  William,  intercourse  with  Filson, 
56. 

Kenton,  Simon,  pioneer  in  Kentucky,  16; 
Indian  scout,  24-26. 

Kentitcke  Gazette,  first  newspaper  in  Ken- 
tucky, 72;  Muter's  address  in,  76;  Brad- 
ford, editor  of,  94. 

Kentucky,  by  Professor  N.  S.  Shaler,  92,  n.  i. 

Kentucky,  derivation  of  name,  29,  n.  i ;  pio- 
neer days,  9-49;  first  white  men  in,  9-18; 
early  settlements,  19-28;  the  county,  29- 
39",  division  of  county,  40-49  ;  struggle  for 
independence,  50  92;  Kentucky  District, 
50-58;  beginning  of  struggle,  59-68;  Span- 
ish conspiracy,  69-81 ;  end  of  struggle,  82- 
92;  founding  of  the  Commonwealth,  93- 
150;  organizing  of  State  government, 
93-104;  political  situation  from  1796,  105- 
115;  War  of  1812,  116-126;  local  affairs, 
127-140;  civil  affairs  and  Mexican  War, 
141-150;  Civil  War,  151-204;  situation 
during  Civil  War,  151-172;  invasions  dur- 
ing Civil  War,  173-195;  civil  conflicts,  196- 
204;  the  new  Kentucky,  205-225;  restora- 
tion of  peace,  205-212;  transition  era,  213- 
225;  constitution  of  Kentucky,  227-271. 

Kentucky  Insurance  Company,  chartered, 
113. 

Kentucky  Resolutions  of  ijqS,  by  E.  D. 
Warfield,  107  and  n.   i. 

Kentucky  University,  State  College  a  part  of, 
213. 

King's  Mountain,  battle  of,  87,  91. 

Kinkead,  George  Blackburn,  lawyer,  201. 


Kinkead,  Judge  W.  B.,  member  of  Opposi- 
tion party,  159:  his  article  on  J.  J.  Crit- 
tenden, 171;  Conservative  nominee  for 
governor,  206;  chairman  of  executive  board 
of  State  College,  214. 

Knott,  J.  Proctor,  elected  governor,  214,  215. 

Know-Nothing  party,  157,  158. 

Knox,  Colonel  James,  pioneer  in  Kentucky, 
14- 

Kuklux  or  Regulators,  209,  210. 

La  Salle,  pioneer  and  explorer,  12,  32. 

Laboratories  of  State  College,  213. 

Lafayette,  Marquis  de,  Kentucky's  reception 
of,  136. 

Land  laws  passed  in  Virginia,  37. 

Land  speculation,  218. 

Landrum,  Colonel  John  J.,  defeated  at  Cynthi- 
ana,  189. 

Lee  family,  surveyors  in  Kentucky,  15. 

Lee,  General  Robert  E.,  surrenders  to  Grant, 
203. 

Leestown,  one  of  oldest  towns,  55. 

Legislative  office  closed  to  ministers,  90. 

Legislative  power,  vested  in  General  Assem- 
bly, 89,  90;  its  limitations,  90. 

Legislative  State  department,  changes  in,  217. 

Legislature,  selects  Frankfort  as  permanent 
capital,  96;  its  money-raising  power  abol- 
ished, 150;  its  powers,  164;  opposed  to 
State  convention,  164,  165;  in  favor  of 
neutrality,  167,  168;  condemns  action  of 
Home  Guard,  178;  pardons  all  Confeder- 
ates, 205;  of  1895,  1896,  222. 

Leslie,  Preston  H.,  elected  governor,  210; 
appoints  Shaler  chief  of  geological  survey, 

211. 

Letcher,  Robert  P.,  elected  governor,  143. 

Lewis,  Colonel  Charles,  commander  at  Point 
Pleasant,  17. 

Lewis,  Colonel  William,  commands  militia, 
117;   wounded  at  Frenchtown,  119. 

Lewis,  General  Andrew,  commander  at  Point 
Pleasant,  16,  17. 

Lexington,  founded  in  1779,  37;  largest  town 
in  old  Kentucky,  55;  Transylvania  Uni- 
versity established  at,  58;  Wilkinson's  dis- 
play at,  71,  72;  first  capital  of  Kentucky, 
93;  Democratic  Club  at,  99;  Burr  in,  in; 
furnishes  militia,  117;  manufactories  in, 
128;  U.  S.  bank  established  at,  134;  aboli- 
tion newspaper  issued  at,  154;  Confeder- 
ates at,  190;  Bragg's  march  to,  191;  cen- 
tenary celebration  at,  217,  218;  women's 
school  ticket  elected  at,  221;  Democratic 
State  convention  at,  223. 

Lexington,  battle  of,  37. 


282 


INDEX 


Lexington  Light  Artillery,  ii8. 

Lexington  Light  Infantry,  94. 

Lexington  Observer  and  Reporter,  159. 

Licking  River,  settlements  invaded,  39; 
crossed  at  battle  of  Blue  Licks,  46,  47,  48. 

Lieutenant  governor,  office  created  in  Ken- 
tucky, log. 

Liye  and  Writings  of  C.  S.  Ra/i/icstjue,  by 
R.  G.  Call,  137,  n.  I. 

Life  of  John  Filsoii,  by  R.  T.  Durrett,  55, 
n.  I. 

Limestone,  immigration  to,  54. 

Lincoln,  Abraham,  born  in  Larue  County, 
Kentucky,  i6r;  elected  President,  162;  in- 
augurated, 165;  issues  Emancipation  Proc- 
lamation, 196;  calls  for  volunteers,  197; 
reelected,  202;  his  assassination,  203. 

Lincoln  County,  established,  40,  84;  becomes 
part  of  Kentucky  District,  51;  Indian  at- 
tack in,  66. 

Lindseys,  founders  of  Lexington,  37. 

Little  Turtle,  Indian  chief,  97. 

Local  affairs  in  Kentucky,  127-140. 

Local  Board  of  War,  87. 

Local  option  favored  in  Kentucky,  221. 

Logan,  Benjamin,  settles  in  Kentucky,  19; 
member  of  first  Harrodsburg  court,  29,  30; 
rescues  his  companion,  31,  32;  appointed 
colonel,  40;  at  Blue  Licks,  46,  48;  com- 
mander at  Bryan's  Station,  48;  calls  offi- 
cers' meeting,  60;  attack  on  Shawnee 
Indians,  65;  commander  in  Lincoln  County, 
66;   member  of  Board  of  War,  87. 

Logan's  fort,  Indian  attack  on,  30;  land  com- 
missioners meet  at,  37. 

Logan's  Station,  delegates  from,  21,  22. 

"  Long  Hunters,  The,"  pioneers  in  Ken- 
tucky, 13,  14. 

Losantiville,  founding  of,  56. 

Louisiana,  purchased  from  the  French,  109; 
secedes,  162. 

Louisville,  founded,  33,  34;  its  social  life, 
54,55;  Connolly's  intrigue  in,  82,  83;  Burr 
in,  in;  its  manufactories,  128;  U.  S.  bank 
established  at,  134;  Federal  army  organized 
at,  181;  legislature  adjourns  to,  190;  pro- 
posed capture  of,  190;  Buell  in,  191;  Filson 
Club  started  in,  215;  Democratic  State  con- 
vention at,  218,  219;  Republican  conven- 
tion at,  220;  Republican  State  convention 
at,  222,  223. 

Louisville  Courier,  178. 

Louisville  Democrat,  159. 

Louisville  Falls,  immigration  to,  53,  54. 

Louisville  Jottrnal,  159. 

Louisville  legion,  resolutions  in  honor  of,  146. 

Lyceum,  established  in  Lexington,  137. 


Lyne,    Edmond,    commissioner    at    Logan's 

fort,  37. 
Lyon,  Colonel  H.  B.,  Kentucky  Confederate 

leader,  182. 

McAfee  family,  surveyors  of  Kentucky,  15, 
16;  settle  on  Salt  River,  ig. 

McAfee,  General  Robert  B.,  elected  lieu- 
tenant governor,  131. 

McEJride,  pioneer  in  Kentucky,  12. 

McClellan,  General  George  B.,  factions  in 
favor  of,  202;  receives  majority  in  Ken- 
tucky, 202. 

McClellan,  John,  settles  in  Kentucky,  23. 

McClellan's  Station,  founded,  23. 

McConnels,  founders  of  Lexington,  37. 

McCook,  Major  General  Alexander,  Federal 
commander  at  Perryville,  192. 

McCreary,  James  B.,  elected  governor,  214. 

McDowell,  Samuel,  judge  of  Kentucky  Dis- 
trict, 51,  52;  trustee  of  Transylvania  Uni- 
versity, 57;  president  of  convention  for 
independence,  61,  62;  president  of  sixth 
convention,  75. 

McGary,  Hugh,  settles  at  Harrodsburg,  23. 

McGary,  Major,  at  Blue  Licks,  46,  47. 

McHenry,  Colonel  John  H.,  Kentucky 
Federal  leader,  182. 

McKee  and  Caldwell's  army,  42,  43. 

McKee,  Colonel  William  R.,  in  Mexican 
War,  145;  killed  at  Buena  Vista,  146. 

McKinley,  William,  national  Republican 
nominee  for  President,  223. 

"  Mad  Anthony,"  General  Wayne's  nickname, 

97- 

"  Mad  River,"  burning  of  Indian  towns  on,  65. 

Madison  County,  84. 

Madison,  George,  at  Frenchtown,  119;  death 
of,  127. 

Magoffin,  Beriah,  elected  governor,  158;  his 
message  to  the  legislature,  163;  refuses  to 
furnish  troops,  166;  in  sympathy  with  Con- 
federates, 175;   resigns,  189. 

Magrilder,  Captain  Billy,  leader  of  guerrillas, 
199.  _  [170. 

Mallory,  Robert,  Union  delegate  to  Congress, 

Manassas  Junction,  battle  near,  174. 

Manson,  General,  attack  on  Confederates,  190. 

Marshall,  Colonel  Thomas,  surveyor  for 
Fayette  County,  40;  delegate  tc  seventh 
convention,  77;  action  in  seventh  conven- 
tion, 79;  opposes  British  intrigue,  83. 

Marshall,  Humphrey,  candidate  for  delegate 
to  fourth  convention,  63;  votes  for  Federal 
constitution,  74;  elected  U.  S.  senator,  102; 
colonel  in  Mexican  War,  145;  leader  of  Con- 
federates, 174,  179. 


INDEX 


283 


Marshall,  John,  presents  petition  to  Virginia  1 

Assembly,  66. 
Marshall,  Thomas  A.,  lawyer,  201. 
Marshall,  Thomas  F.,  orator  and  scholar,  142; 

brigadier  general,  Mexican  War,  145. 
Martial   law,    Kentucky   placed   under,    187; 

prior  to  election  of  1863,  197. 
Martin's  and  R\iddle's  stations  captured,  39. 
Mason  County,  84. 

Masterson,  James,  pioneer  of  Kentucky,  37. 
Matthews,  George,  at  battle  of  Point  Pleasant, 

17- 

Maumee  River,  Kentucky  troops  at,  118; 
siege  in,  121. 

May,  George,  surveyor  for  Jefferson  County, 
40. 

May,  John,  clerk  of  Kentucky  District,  52; 
killed  by  Indians,  52. 

Maysville,  formerly  Limestone,  54. 

Mechanical  and  Agricultural  College  estab- 
lished in  Kentucky,  213. 

Mediatorial  neutrality,  Kentucky  maintains, 
167,  168;   meaning  of,  168,  175,  n.  i. 

Meigs,  Fort,  siege  of,  121. 

Menefee,  Rifliard  H.,  his  career,  141,  142. 

Menendez  establishes  first  Spanish  colony,  69. 

Menzies,  John  W.,  Union  delegate  to  Con- 
gress, 170. 

Mercer  County,  Kentucky,  selected  for  settle- 
ment, 16,  84. 

Metcalf,  Henry,  chief  of  guerrilla  raiders, 
199. 

Metcalf,  Thomas,  elected  governor,  135. 

Methodist  revival,  112,  113. 

Methodists  in  Kentucky,  85. 

Mexican  War,  141-150;  Kentucky  troops  in, 
145. 

Mexico,  proposed  conquest  of,  .110;  war  de- 
clared with,  145:  capture  of  City  of,  147; 
surrenders  territory  to  United  States,  147. 

Miami  Indians,  expedition  against,  60,  87,  88. 

Miami,  battle  on  the,  100. 

Miami  towns,  burning  of,  48. 

Military  and  land  interests  in  early  Kentucky, 
40. 

Military  oppression,  198-200. 

Military  policy  adopted  by  Congress,  187. 

Military  posts  in  the  Northwest,  59. 

Militia,  demanded  by  the  President,  117. 

Mill  Springs,  battle  of,  181. 

Mills,  Benjamin,  associate  justice,  130. 

Mineral  wealth  of  Kentucky,  211. 

Miro,  Spanish  governor  of  New  Orleans,  71. 

Mississippi  River,  De  Soto's  exploration  of, 
69;  Spanish  possessions  on,  69,  70;  Ameri- 
cans desire  to  navigate,  70;  its  importance 
to  Kentucky,  71;  Kentucky's  valuation  of 


navigation  of,  75;  British  plan  to  gain  its 
navigation,  83;  its  navigation  a  political 
issue,  98;  resolution  of  Lexington  Club  in 
regard  to,  99;  granted  to  U.  S.  by  treaty 
with  Spain,  loi;  thrown  open  to  Ken- 
tucky, I02. 

Mississippi  secedes,  162. 

Missouri  Compromise  Bill,  134,  135. 

Mob  law  in  Kentucky,  210. 

Monetary  issue,  in  State  elections,  219;  in 
national  elections,  222,  223. 

Monroe,  Thomas  B.,  superseded  by  Ballard, 
180. 

Monterey,  battle  of,  146. 

Montgomery,  convention  of  seceded  States  at, 
165. 

Morehead,  Charles  S.,  elected  governor,  158; 
delegate  to  Peace  Conference,  165 ;  arrest 
of,  178. 

Morgan,  John  Hunt,  leaves  State  Guard, 
177;  Confederate  raider,  188,  189,  193. 

Morrisons,  pioneers  in  Kentucky,  37. 

Mound  Builders,  9,  10. 

Mount  Sterling,  fight  near,  42. 

Murray,  William,  opposes  Kentucky  Resolu- 
tions 0/  jjgS,  108. 

Muter,  George,  judge  of  Kentucky  District, 
51,  52;  chief  justice,  62;  address  to  the 
people,  76;  delegate  to  seventh  convention, 
77;  judge  in  court  of  appeals,  96;  resigns 
from  office,  113. 

Nashville,  Federal  troops  take  possession  of, 
183;  General  Bragg  at,  191. 

Natchez,  Spanish  negotiations  at,  loi. 

National  administration,  opposed  to  free  sil- 
ver, 219. 

National  convention,  Kentucky  delegates  to, 
201,  202. 

National  politics  from  1884,  215. 

National  Republican  party,  its  rise  and  fall, 
135,  136;  merged  into  Whig  party,  141. 

Navigation  question  discussed  in  Kentucky, 

71.  99- 

Negroes,  recruited  in  Kentucky,  197 ;  vote  for 
first  time,  210. 

Nelson  County,  84. ' 

Nelson,  General  William,  Federal  com- 
mander, 174,  180;  commands  Richmond 
troops,  190. 

Neutrality,  position  of  Kentucky,  161-172; 
still  maintained,  174;   abandoned,  175,  176. 

New  court  of  appeals,  organized,  132;  abol- 
ished, 134. 

New  Court  party,  founded,  134;  controversy 
with  Old  Court  party,  149. 

New  Kentucky,  The,  205-223. 


284 


INDEX 


New  Orleans,  Wilkinson's  trading  expedition 
to,  71;  proposed  expedition  against,  99, 
100;  Spanish  negotiations  at,  loi ;  becomes 
an  American  possession,  no;  battle  of, 
126. 

Newport,  Kentucky  volunteers  at,  122. 

Newspaper,  first  in  Kentucky,  72. 

Nichols,  George,  appointed  attornay-g'ineral, 

9S- 
Nicholas,  Samuel  Smith,  lawyer,  201. 
Ninth  independence  convention,  83. 
North  and  South,  difference  in  point  of  view, 

151,  152:  growth  of  enmity  between,  162. 
Northern  Bank  of  Kentucky,  established,  143. 
Northwest,  end  of  war  in  the,  125. 
Nullification,  doctrine  of,  107. 

ODoherty,    ISIatthew,    Republican    nominee 

for  lieutenant  governor,  216. 
O'Hara,  Kane,  148. 

O'Hara,  Theodore,  soldier  and  poet,  148. 
O'Hara   atid  His   Elegies,   by  George  W. 

Ranck,  148,  n.  i. 
Observer  and  Reporter,  Lexington,  159. 
Official  changes,  important,  189. 
Ohio  Land  Company  in  Kentucky,  12. 
Ohio  River,  bounty  lands  granted  on,  14;  its 

importance  to  Kentucky,  71. 
(   Old  Court  party,  founded,  134;    controversy 
V     with  New  Court  party,  149. 
"  Old  Wisdom,"  John  Bradford  known  as,  94. 
Oldham,  Colonel  William,  expedition  against 

Indians,  88. 
Omnibus  Bill,  Clay's,  156. 
Opposition,   to    Lincoln   in   Kentucky,   196; 

to  negro  recruiting  in  Kentucky,  198. 
Opposition  party,  159. 
Ormsby,  Colonel,  in  Mexican  War,  145. 
Owen,  Colonel  Abraham,  his  death  at  Tippe- 
canoe, 115. 
Owen   County,   named   after   Colonel   Owen, 

115:  Confederate  forces  in,  174. 
Owsley,  Judge  William,  elected  governor,  144. 

Paducah,  Federal  forces  at,  175;  Confederate 
sentiment  in,  177. 

Paine,  Brigadier  General  E.  A.,  his  oppressive 
military  rule,  199,  200;  deposed,  202. 

Pakenham,  General  Sir  Edward,  commander 
at  New  Orleans,  126. 

Palmer,  General,  supersedes  Burbridge,  202. 

Panic,  of  1873,  211;  of  1892,  218. 

Paper  currency,  and  its  effects,  128;  abun- 
dance of,  143. 

Paris,  name  of  Houston's  Station  changed  to, 
84;   Democratic  Club  in,  99. 

Parliament  of  Boonesborough,  22. 


Parraud's  translation  of  Fiison's  History,  57. 

Party  names,  change  of,  134,  135. 

Patterson,  Colonel  Robert,  settles  at  McClel- 
lan's  Station,  23;  a  founder  of  Lexington, 
37;  partner  of  Filson,  56. 

Patterson,  James  K.,  president  of  State  Col- 
lege, 213,  214. 

Payne,  Brigadier  General  John,  commander 
at  Georgetown,  118. 

Peace  Conference  at  Washington,  165. 

Peace,  restoration  of,  205-212. 

Penitentiary,  Governor  Blackburn's  humane 
changes  in,  214. 

Perry,  Commodore,  his  victory  on  Lake  Erie, 
122,  123. 

Perryville,  battle  of,  192. 

Petitions,  to  Virginia  Assembly,  61,  65,  66;  to 
the  people,  61;  of  seventh  convention,  79; 
against  the  Indians,  85. 

Pettit,  Thomas  S.,  Populist  candidate,  220. 

Philadelphia,  gift  for  Kentucky's  centenary, 
217,  218. 

Pierce,  Franklin,  elected  President,  157. 

Pilgrims  settle  Plymouth,  69. 

Pillow,  General  Gideon  J.,  Confederate  com- 
mander, 182. 

Pioneer  days,  9-49. 

Pioneer  women  of  Kentucky,  23-27. 

Pisgah,  Kentucky  Academy  established  at, 
58. 

Pittsburgh  Landing,  Grant  encamps  at,  183. 

Planetarium,  Barlow's,  137. 

Plymouth,  settled  by  Pilgrims,  69. 

Point  Pleasant,  battle  of,  16-18,  19;  victory 
of,  87;  Colonel  Shelby  at  battle  of,  90. 

Political  Beginnings  of  Kentucky,  The,  by 
J.  M.  Brown,  73,  n.  i. 

Political  Club,  founded  at  Danville,  74. 

Political  Club,  The,  by  Thomas  Speed,  74, 
n.  I. 

Political,  issues  in  1793,  98-;  situation  in  Ken- 
tucky, 105-115;  conflict  in  Kentucky,  127; 
contests  of  1844,  143,  144;  situation  in  1864, 
201,  202;  situation  from  1875,  214-223. 

Politics,  national,  215. 

Polk,  General  Leonidas,  invades  Kentucky, 
174,  175;  offers  conditional  withdrawal,  175. 

Polk,  James  K.,  elected  President,  144. 

Polls,  women  at  the,  221. 

Ponce  de  Leon  discovers  Florida,  69. 

Pope,  John,  offers  amendment  to  Kentucky 
resolutions,  108. 

Pope,  William,  appointed  lieutenant  colonel, 
40. 

Population  of  Kentucky  County,  32;  of  Ken- 
tucky in  1850,  152. 

Populist  ticket,  220,  221. 


INDEX 


285 


Populists  in  legislature  of  1896,  222. 

Powell,  Lazarus  W.,  Democratic  nominee  for 
governor,  149;  elected  governor,  157. 

Powell's  Valley,  exploration  of,  12,  16. 

Power,  Thomas,  agent  in  Spanish  conspira- 
cies, loi,  105. 

Prentice,  George  D.,  editor  of  Louisville 
yoiirnal,  159. 

Presbyterians,  in  Kentucky,  84;  Center  Col- 
lege established  by,  210. 

Preston,  Colonel  William,  surveyor  of  Vir- 
ginia, 14. 

Preston,  William,  Confederate  leader,  179; 
delegate  to  Virginia,  i8i. 

Proclamation,  of  neutrality  in  Kentucky,  169; 
of  emancipation,  196. 

Proctor,  General,  at  Frenchtown,  119;  at 
Fort  Meigs,  121;  pursuit  of  his  army, 
123;  encamped  at  Moravia,  125. 

Prohibition  movement  in  Kentucky,  220,  221. 

Prohibition  ticket,  216,  220. 

Prophet,  Indian  chief,  114. 

Proslavery  movement  in  Kentucky,  155. 

Prosperity,  financial,  128,  208,  211. 

Provost  marshals  appointed,  187. 

Public  education  in  Kentucky,  213. 

Public  school  system  leformed,  210,  211. 

Publications  of  the  Filson  Club,  21,  n.  2, 
29,  n.  I,  74,  n.  I,  216. 

Pulaski  County,  battle  in,  181. 

Radical  or  Republican  party,  206. 
Radical  Union  convention,  201,  202. 
Radical  Union  party,  196,  200. 
Rafinesque,  Professor  C.  S.,  of  Transylvania 

University,  137. 
Raisin,  Indian  massacre  at,  120. 
Ranck,  George  W.,  author  of  The  Traveling 

Church,  84,  n.  i ;  author  of  O'Hara  and 

His  Elegies,  148,  n.  i. 
Recapitulations,  18,  28,  39,  48,  58,  67,  80,  92, 

103,  115,  126,  139,  150,  159,  171,  184,  194, 

203,  211,  224. 
Recovery,  Fort,  General  Wayne  at,  xoo. 
Recruits,  Lincoln  demands  300,000,  197;  op- 
position to  negro,  197. 
Red  River,  pioneer  encampment  on,  13. 
Reform,   in  public  school   system,  210,   211, 

213;   in  legislation,  216,  217. 
Regulators  or  Kuklux,  209,  210. 
Relief   measures,    after    War    of   1812,    129; 

attempt  to  revive,  143. 
Relief  party   organized,    129;    its   temporary 

power,    131 ;    becomes    New   Court   party, 

134- 
Religious    denominations    in    Kentucky,   84, 

85. 


Repeal  bill  of  court  of  appeals,  132. 

Repeal  of  Alien  and  Sedition  laws,  log;  of 
Replevin  law,  134. 

Replevin  law,  passed,  129;  declared  uncon 
stitutional,  130;  repealed,  134;  decision 
against,  141. 

Representatives,  length  of  term  and  how 
chosen,  89. 

Republican  party,  opposed  to  Anti-Federal- 
ists, 99;  strong  in  Kentucky,  108;  Con- 
servatives imite  with,  206;  Freedmen's 
Bureau  arouses  opposition  to,  209;  in 
national  power,  215;  their  ticket  in  18S7, 
216;  their  victory  in  1895,  220;  their  legis- 
lature of  1896,  222. 

Republican  State  convention,  at  Louisville, 
220;  against  free  silver,  222,  223. 

Resolutions,  of  1798,  107;  of  General  Assem- 
bly, 175,  176. 

Revival,  religious,  112. 

Revolutionary  War,  English  strongholds  dur- 
ing, 32;   sentiment  in  Kentucky,  37. 

Reynolds,  Aaron,  his  speech  at  Bryan's 
Station,  45. 

Rice,  David,  chairman  of  Transylvania  Uni- 
versity board,  57. 

Richmond,  Burr's  trial  at,  112;  Confederate 
government  organized  at,  174;  battle  of, 
190. 

Riflemen,  gathering  of,  46. 

Robertson,  George,  member  of  Anti-Relief 
party,  129;  judge  in  court  of  appeals,  201; 
his  career,  201. 

Robinson,  Camp  Dick,  Federal  regiments  in, 
174. 

Robinson,  James  F.,  becomes  acting  gov- 
ernor, 189. 

Rodman,  John,  elected  attorney-general,  207. 

Rome,  N.Y.,  formerly  Fort  Stanwix,  14. 

Roosevelt,  Theodore,  author  of  St.  Clair's 
Defeat,  88. 

Rousseau,  Lovell  H.,  Unionist,  169. 

Rowan,  John,  member  of  Relief  party,  129. 

Ruddle's  and  Martin's  stations  captured,  39. 

Russell,  Captain,  at  Point  Pleasant,  17. 

Russellville,  Confederate  delegates  at,  180. 

Saint  Asaph's,  Saint  Augustine,  etc.,  see  "  St." 

Salt  River  selected  for  settlement,  i5,  19. 

School,  suffrage  granted  to  women,  221;  sys- 
tem reformed,  210,  211. 

Schools  in  Kentucky,  first,  38,  39,  57. 

Scientific  and  artistic  life  in  Kentucky,  137, 
138. 

Scotch-Irish  race  in  Kentucky,  17,  26. 

.Scott,  General  Charles,  member  of  Board  of 
War,  87 ;  his  expedition  against  Indians,  88; 


286 


INDEX 


Scott,  Gen.  Charles  {coniin.)  commands  Ken- 
tucky militia,  97;  at  Fort  Recovery,  100; 
elected  governor,  114;  appoints  Harrison 
commander  of  Kentucky  militia,  118. 

Scott,  J.  M.,  commander  of  militia,  117. 

Sebastian,  Benjamin,  his  treachery  to  Ken- 
tucky, 76;  receives  pension,  80;  judge  in 
court  of  appeals,  g6;  agent  in  Spanish  con- 
spiracies, loi,  105;  his  treachery  exposed, 
loi ;  trial  of,  113. 

Secession  of  Southern  States,  162,  163. 

Second  constitutional  convention,  108,  109. 

Second  independence  convention,  62. 

Second  invasion  of  Kentucky,  186,  195. 

Second  Spanish  conspiracy,  loi. 

Self-protection,  right  granted  Kentucky,  64. 

Senate  in  Kentucky  government,  89. 

Senators,  length  of  terms,  etc.,  89. 

Separation  of  Kentucky  from  Virginia,  first 
conventions  for,  61,  62;  first  act  of  separa- 
tion, 62,  63;  self-protection  authorized,  63, 
64;  postponement  of  separation,  65-67; 
action  in  regard  to  Spanish  conspiracy, 
69-71;  further  conventions,  73;  delay  in 
presenting  applications,  73-76;  people's 
patience  and  prudence,  76,  77;  opposing 
sentiments  in  regard  to  Virginia's  course, 
77,78;  turning  point  in  contest,  79;  loyalty 
of  Kentucky,  80;  further  delay  in  Congress, 
82,  83,  84;  last  convention,  89;  Kentucky 
becomes  an  independent  State,  89;  the  new 
government,  89-92. 

Settlements  in  Kentucky,  early,  19-27. 

Seventh  independence  convention,  76,  77, 
78. 

Shackleford,  Colonel  James  M.,  Kentucky 
Federal  leader,  182. 

Shaler,  Nathaniel  Southgate,  author  of  Ken- 
tucky, 92,  n.  i;  chief  of  geological  survey, 
211. 

Shawnee  Indians  in  Kentucky,  16-18;  yield 
Kentucky  to  the  English,  19;  rumored 
march  against,  43;  proposed  attack  against, 
65. 

Sheaf  of  Wheat  inn.  Governor  Shelby's  stay 
at,  95. 

Shelby,  Captain  Evan,  at  battle  of  Point 
Pleasant,  17. 

Shelby,  Colonel  Isaac,  trustee  of  Transyl- 
vania University,  57;  member  of  Board  of 
War,  87;  elected  first  governor  of  Ken- 
tucky, 90;  accoimt  of,  90-92;  his  journey 
to  Lexington,  93,  94;  his  inauguration,  94, 
95;  his  address  to  the  two  houses,  95; 
drafts  1000  militiamen,  97;  his  position  at 
time  of  French  conspiracy,  100;  at  battle  of 
Point    Pleasant,   117;     governor,    118;    re- 


elected  governor,    120,    121;    at   Newport, 
122. 
Sherman,  John,  presides  over  U.  S.  Senate, 

Shiloh,  battle  of,  183,  184. 

Siege  of  Boonesborough,  35,  36. 

Silver,   paper  currency  substituted  for,  128; 

contest  over  free,  219,  220,  222,  223. 
Simms,  William  E.,  delegate  to  Virginia,  181. 
Sisters  of  Loretto,  convent  of,  84. 
Six   Nations,  Kentucky  purchased  from,  14, 

19- 

Sixth  independence  convention,  75,  76. 

Skins  used  as  currency,  128. 

Slaughter,  Gabriel,  becomes  governor,  127. 

Slavery,  prohibited  in  Kentucky,  90;  Clay 
opposed  to,  107;  provisions  for  its  continu- 
ation, 150;  in  revised  constitution  of  Ken- 
tucky, 150,  152;  as  cause  of  Civil  War, 
151;    in  the  South  and  in  Kentucky,  151, 

.  152;  opposition  to  its  abolition  in  Ken- 
tucky, 152,  153;  question  affected  by  an- 
nexation of  Texas,  156;  war  necessary  for 
its  abolition,  173;  abolished  in  District  of 
Columbia,  186;  property  rights  not  to  be 
interfered  with,  186;  Emancipation  Procla- 
mation issued,  196;  Thirteenth  Amend- 
ment, 203;  Freedmen's  Bureau,  208,  209; 
negroes  obtain  right  of  sufiTrage,  209. 

Slaves,  characteristics  of,  153,  154. 

Smith,  D.  Howard,  elected  auditor,  207. 

Smith,  General  E.  Kirby,  invades  Kentucky, 
190,  191;  at  Harrodsburg,  192. 

Smith,  General  Green  Clay,  pursues  Morgan, 
189. 

Smith,  Z.  F.,  elected  school  superintendent, 
207. 

Social  life  in  Kentucky  in  1825,  136,  137. 

South  Carolina  secedes,  162. 

Southern  point  of  view,  how  different  from 
Northern,  151,  152. 

Southern  Rights  convention  against  Lincoln, 
202. 

"  Southern  Rights "  element  in  legislature, 
167. 

.Southern  States,  slavery  in,  151;  secession 
of,  162. 

Southern  territory  of  United  States,  its  extent, 

69. 

Spain,  purposed  alliance  with,  78,  loi;  ani- 
mosity towards,  98;  Lexington  Club  de- 
mands right  of  Mississippi  from,  99;  treaty 
with  United  States,  loi ;  cedes  Louisiana 
to  French,  109. 

Spanish  colony  of  St.  Augustine  founded,  69; 
possessions  in  America,  69,  70;  conspiracy, 
first,  6g-8i;  conspiracy,  second,  loi;  con- 


INDEX 


287 


spiracy,  third,   105;    silver  dollars  as  cur- 
rency, 128. 
Spanish  Conspiracy,  The,  by  T.  M.  Green, 

71- 

Specie  payment  suspended,  143. 

Speculation,  bad  results  of,  143;  in  land,  218. 

Speed,  James,  trustee  of  Transylvania  Uni- 
versity, 57. 

Speed,  James,  votes  for  the  Union,  169;  an 
able  lawyer,  201 ;  joins  Republicans,  207. 

Speed,  Thomas,  author  of  The  Wilderness 
Road,  21,  n.  i;  author  of  The  Political 
Club,  24,  n.  I. 

Spottsylvania  County,  Va.,  emigration  from, 
84. 

St.  Asaph's  Station,  delegates  from,  21,  22. 

St.  Augustine,  Spanish  colony,  69. 

St.  Clair,  General  Arthur,  appointed  com- 
mander in  chief  of  army  of  Northwest,  87: 
Kentucky  opposed  to,  88;  defeated  at 
Wabash  River,  89;  retires  from  command, 

97- 

St.  Clair's  Defeat,  by  Theodore  Roosevelt, 
88,  n.  I. 

Stanwix,  Fort,  treaty  of,  14. 

State  banks,  rise  of,  143. 

State  College  of  Kentucky,  213,  214. 

State  constitution,  revision  of,  150,  163,  164, 
216,  217. 

State  government,  powers  of,  151. 

State  Guards,  169,  176,  177. 

State  militia,  called  out  in  election  of  1896, 
222. 

State  penitentiary,  Blackburn's  humane 
changes  in,  214. 

State  Rights,  doctrine  of,  107,  108,  155. 

Statutory  courts  abolished,  217. 

Steamboat  invented,  102,  103. 

Stephens,  Ale.\ander  H.,  author  of  War  be- 
tween the  States,  151,  n.  i. 

Stevenson,  John  W.,  elected  lieutenant  gov- 
ernor, 207;  appointed  governor,  207,  208; 
elected  to  U.  S.  Senate,  210. 

Stewart,  James,  at  battle  of  Point  Pleasant, 

17- 

Stewart,  John,  captured  by  Indians,  13. 

Stoner,  Michael,  guide  to  surveyors  in  Ken- 
tucky, 16. 

Stricken  Heart,  Convent  of,  84. 

Struggle  for  independence,  in  Kentucky, 
50-92;  beginning  of,  59-68;  end  of, 
82-92. 

"  Sue  Munday,"  chief  of  guerrilla  raiders, 
hung,  199. 

Suffrage  right,  extent  of,  90;  negro,  209. 

Sumter,  Fort,  first  gun  fired  at,  165. 

Superior  court  abolished,  217. 


Supreme    and  superior    courts,   the   judicial 

power,  89,  90. 
Surrender  of  army  of  Northern  Virginia,  203. 
Surveyors  in  Kentucky,  14,  15. 
Sycamore  Shoals,  Indian  assemblage  at,  20. 

Tate,  J.  W.,  elected  treasurer,  207. 

Taylor,  General  Zachary,  in  Mexican  War, 
145- 

Taylor,  Hancock,  early  surveyor  in  Ken- 
tucky, 14. 

Taylor,  Harrison,  Conservative  nominee  for 
lieutenant  governor,  206. 

Tecum.seh,  chief  of  Wabash  Indians,  114; 
restrains  massacre  of  Americans,  122 ;  death 
of,  125. 

Tenth  convention,  83,  89. 

Territory  of  U.  S.,  extent  of  Southern,  69. 

Texas,  Clay's  opposition  to  its  annexation, 
144;  admitted  to  Union,  144;  effect  of  its 
annexation,  156;   secedes,  162. 

Thames,  battle  of,  125. 

Third  independence  convention,  62. 

Third  revision  of  State  constitution,  150. 

Third  Spanish  conspiracy.,  105. 

Thirteenth  Amendment,  adopted,  203,  208; 
opposed  by  Kentucky,  203. 

Thomas,  Major  General  George  H.,  at  Mill 
Springs,  181. 

Thompson,  James,  surveyor  for  Lincoln 
County,  40. 

Tilghman,  General  Lloyd,  goes  over  to  Con- 
federates, 177;   surrenders  Fort  Henry,  182. 

Timber  regions  in  Kentucky,  211. 

Tippecanoe,  battle  of,  114,  115. 

Todd,  Colonel  Charles  S.,  ambassador  to  Rus- 
sia, etc.,  125. 

Todd,  Colonel  John,  surveyor  in  Kentucky, 
15;  member  of  first  Harrodsburg  court, 
29.  30;  elected  governor  of  Illinois  County, 
33;  appointed  colonel  Fayette  County,  40; 
at  battle  of  Blue  Licks,  46. 

Todd,  Major  Levi,  surveyor  in  Kentucky,  15: 
clerk  of  Kentucky  County,  30;  at  siege  of 
Bryan's  Station,  45;  at  Blue  Licks,  46,  47; 
intercourse  with  Filson,  56. 

Todd,  Thomas,  second   convention  for  inde- 
pendence,  61,  62;    clerk   of    constitutional/ 
convention,  108;   appointed  judge  in  U.  S. 
supreme  court,  113;   member  of  war  coun- 
cil, 118. 

Tompkins,  Christopher,  member  of  Anti- 
Relief  party,  129;  Anti-Relief  candidate  for 
governor,  131. 

Tompkinsville,  Morgan's  army  at,  188. 

Trade  in  America,  127. 

Transition  era  in  Kentucky,  213-223. 


288 


INDEX 


Transylvania,  colony  of,  20,  21;  purchase  an- 
nulled, 22;   title  annulled,  29. 

Transylvania  Seminary,  57,  83. 

Transylvania  University  founded,  57  ;  united 
with  Kentucky  Academy,  58;  its  high  rank. 
137;  goes  out  of  existence,  210. 

Trappist  monks  at  Bardstown,  84. 

Traveling  Church,  Ranck's,  84. 

Treaties,  of  Fort  Stanwix;  14;  of  Shawnee 
Indians,  17,  18;  between  U.  S.  and  Great 
Britain,  50;  with  Spain  proposed,  70;  with 
Indians,  86;  between  U.  S.  and  Spain,  loi ; 
of  Ghent,  125;  between  U.  S.  and  Mexico, 
147. 

Trigg,  Stephen,  at  Logan's  fort,  37;  lieuten- 
ant colonel,  40;   at  Blue  Licks,  46,  47. 

Trimble,  John,  member  Relief  party,  129; 
associate  justice,  132. 

True  Ajiiericaii,  abolition  paper,  154,  155. 

Truman,  Major,  murdered  by  Indians,  97. 

Twelfth  Street  fort  in  Louisville,  34. 

Twetty,  Wm.,  cuts  roads  in  Kentucky,  21. 

Tyler,  President,  admits  Texas,  144. 

"  Underground  railroad,"  152. 

Underwood,  John  C,  lieut.  governor,  214. 

Underwood,  Judge  Joseph  R.,  member  Oppo- 
sition party,  159;  joins  Union  party,  169. 

Union  party,  162-J64,  166-168,  173,  174,  178, 
196,  205. 

United  States  Bank,  at  Louisville  and  Lexing- 
ton, 134;  Jackson  vetoes  bill  of  recharter, 
143- 

Vera  Cruz,  capture  of,  147. 

Vincennes,  capture  of,  33. 

Virginia,  Kentucky  a  part  of,  14,  29;  protects 
Kentucky  settlers,  22;  its  relation  to  Ken- 
tucky, 59,  60;  Kentucky  petitions  for  sepa- 
ration from,  61,  62,  63;  Kentucky's  bitter- 
ness against,  66,  67,  77,  78;  seventh  conven- 
tion's address  to,  79,  80;  legislature's  action 
in  regard  to  Kentucky,  83;  Kentucky  sepa- 
rated from,  89;  concurs  with  Kentucky,  108. 

Wabash  Indians,  proposed  attack  on,  64;  ex- 
pedition against,  88,  89;   rebellion  of,  114. 

Wadsworth,  Wm.  H.,  Union  delegate  to  Con- 
gress, 170;  opposes  abolition,  186;  against 
negro  recruiting,  198;  Republican,  207. 

Walker,  Dr.  Thomas,  pioneer,  12. 

Wallace,  Caleb,  trustee  Transylvania  Uni- 
versity, 57;  judge  court  of  appeals,  96. 

Wallace,  General  Lew,  at  Cincinnati,  191. 

War  bet7veen  the  States,  Stephens's,  151. 

War  debt,  128. 

War  Department,  orders  to  Kentucky,  197. 


Warfield,  Ethelbert  D.,  author,  107. 

Wars,  Indian,  13,  14,  16-18,  21,  30-39,  40,  41, 
59,  63,  64,  85-89,  97,  114,  115,  120,  122; 
French  and  Indian,  14,  32;  Revolutionary, 
37;  War  of  1812,  116-126;  Mexican,  141- 
150;   Civil,  151-204. 

Washington,  George,  President  U.  S.,  83;  his 
policy  in  French  War,  98;  his  action  in 
French  conspiracy,  100;  monument  to,  155. 

Washington,  Peace  Conference  at,  165. 

Watauga  River,  Indian  assemblage  at,  20. 

Watauga  settlement,  volunteers  from,  17. 

Wayne,  General,  commander  of  armies  of 
Northwest,  97;  militarj'  ability,  98;  cam- 
paign against  Indians,  100,  loi. 

Webster,  Miss  Delia  A.,  abolitionist,  152,  n.  1. 

Wells,  Colonel  Samuel,  rescues  Floyd,  41,  42; 
at  Georgetown,  117;  at  Frenchtown,  119. 

West,  Edward,  invents  steamboat,  103. 

West,  M.  D.,  quartermaster  general  of  State 
Guards,  170;   superseded  by  Dudley,  179. 

Wheeling,  proposed  attack  on,  42. 

Whig  party,  in  power,  141,  143;  downfall  of, 

157- 

"  White  Renegade,"  Girty's  nickname,  45,  46. 

Wickliffe,  Charles  A.,  at  Peace  Conference, 
165;  Union  delegate  to  Congress,  170. 

Wickliffe,  D.  C,  editor,  159. 

Wickliffe,  Robert,  Anti-Relief  member,  129. 

Wilderness  Road,  21,  53. 

Wilkinson,  General  James,  his  store,  54,  55; 
his  petition,  61;  member  fourth  convention, 
62,  63;  inflames  opposition  against  Virginia, 
66,  70;  his  treasonable  Spanish  project, 
70-72,  76;  schemes  in  Fayette  election, 
77-80;  in  Indian  warfare,  88,  97;  major  gen- 
eral 109,  no;  New  Orleans  delivered  to,  no. 

William  and  Mary  College,  83. 

Williams,  Gen.  John  S.,at  Cerro  Gordo,  147; 
Confederate  leader,  179;   U.  S.  senator,  214. 

Williams,  John,  clerk  at  Logan's  fort,  37. 

Winchester,  General,  superseded  by  Harrison, 
118;   at  Frenchtown,  119. 

Wolfe,  Judge  Nathaniel,  Unionist,  159,  169. 

Wolford,  Colonel  Frank  L.,  Federal,  181 ;  pur- 
sues Morgan,  189;  arrested,  198. 

Woman  Triumphaiit,  group  by  Hart,  139. 

Woodford  County  established,  83,  84. 

Woodland  Park,  centenary  celebration  at,  218. 

Wooly,  Aaron  K.,  lawyer,  201. 

Wyandots,  Estill's  pursuit  of  the,  42. 

Yorktown,  Cornwallis's  surrender  at,  50. 
Young,  John  C. ,  president  Center  College,  210. 

Zollicoffer,  General,  invades  Kentucky,  175, 
180;  killed  at  Mill  Springs,  181. 


UNIVERSITY  OF  CALIFORNIA   LIBRARY 

Los  Angeles 
This  hook  is  DLE  on  the  last  date  stamped  helow. 


REC'b  LD-^" 

JUN  2  4  1988 

REC'D  LD-UKl 

SglCSL^0_2'89 
WO  k 


<0 


f 


3   1158  00668  5191 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    001  029  390 


liBKA&X 


